Theoretical survey on defining civil liability for external contractual damage in the Republic of Kosovo, Albania and some other EU countries

AuthorSevdai Morina
PositionUniversity of Business and Technology - Kosovo
Pages140-146
Vol. 4 No. 1
January, 2020
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at www.iipccl.org
140
Theoretical survey on de ning civil liability for external contractual damage
in the Republic of Kosovo, Albania and some other EU countries
Dr. Sevdai Morina
University of Business and Technology - Kosovo
Abstract
Most liabilities arise on contractual basis, which means that the contract is the principal source
of the liability. However, in addition to the responsibilities created by contracts, they are also
created outside the contracts, respectively by law. Obligations can therefore arise even without
contracts being entered into, which implies that they are created by other causes, such as
actions or omissions of people, for which the manifestation of the will as a party is not a feature.
Non-contractual liability for damage arises from the harmful action that creates a relationship
between the damager and the damaged party, respectively between persons who previously
did not have a relationship of obligations. By unilateral actions or certain omissions, the law
provides for legal consequences, regardless of the will of the person who has commi ed or
has not commi ed the act.Example: when person A causes damage (breaks the glass window)
to person B, person A is obliged to compensate damage to person B, regardless of whether he
or she wishes to respond to the damage. So, besides the contract, as an important source of
liability, there is also the source of causing the damage and the obligation to pay this damage.
Unlike contracts, where conciliation of will between certain entities is a general condition for
the creation of a relationship of obligations, in causing harm the obligation is created by the
fact that the harm is caused to another. So there is an obligation that someone must compensate
for the damage caused. Thus, extra-contractual civil liability arises when the damage is caused
because the very fact of causing the damage creates the obligation for its compensation.
Keywords: o -contract civil liability, damage, damaging, damaged, reward.
Introduction
Causing harm as a relevant fact also creates the responsibility for it. The damaging
party is liable for the damage caused to the injured party, therefore it is stated that
liability for the damage is caused as a result of the damage caused. This is also normal
in these relationships, because everyone must have their own consequences. The
person responsible may be like the person causing the damage or someone else who is
in a special relationship with the person causing it. The holder of the dangerous thing
or the organizer of the dangerous activity is also considered responsible. Therefore,
functioning of responsibility in these and other cases o ers certain protection to
the victims, as well as punishes the potential harm. In addition, certain conditions,
such as: a) the existence of the damage; b) the existence of the illegality of the act
or omission; c) the existence of guilt and d) the existence of a causal link between
the act or omission and the resulting damage:So, with regard to se ing the criteria
and conditions that must be met for the existence of extra-contractual civil liability,
we can say that the rules on the basis of this liability must be carefully monitored
and analyzed when it is known that our society has not yet reached that level of

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