UNPREDICTABLE RISK IS GIVEN RIGHT TO INDEMNIFICATION.
As stated in the ruling of the Supreme Court Room 1 ยช, dated 12.02.2003, No. 112/2003, there is no right to compensation when determining the cause of the accident was the conduct of the victim, who agreed in an unpredictable way to a dangerous area. It has therefore applied the jurisprudential doctrine that should be excluded from liability where the victim takes an active role in producing the result. In these cases
unpredictable risk for the TS, there is no violation of art. Civil Code 1902 of arguing, in essence, that "the three elements or requirements to attend to assess liability in the defendant, none of them satisfied in these cases, neither the base damage which is claimed (as it is not disputed that the death resulted from the accident), or the guilt of the defendant (obviously non-existent), nor the causal link (broken in any case with the proper conduct of the victim, causing and determining the outcome of harm). "
As stated in the ruling of the Supreme Court Room 1 ยช, dated 12.02.2003, No. 112/2003, there is no right to compensation when determining the cause of the accident was the conduct of the victim, who agreed in an unpredictable way to a dangerous area. It has therefore applied the jurisprudential doctrine that should be excluded from liability where the victim takes an active role in producing the result. In these cases
unpredictable risk for the TS, there is no violation of art. Civil Code 1902 of arguing, in essence, that "the three elements or requirements to attend to assess liability in the defendant, none of them satisfied in these cases, neither the base damage which is claimed (as it is not disputed that the death resulted from the accident), or the guilt of the defendant (obviously non-existent), nor the causal link (broken in any case with the proper conduct of the victim, causing and determining the outcome of harm). "
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jurisprudence For it is the TS (Ss. of December 12, 1984 and October 1, 1985) that should be excluded from liability where the victim away transformed from a passive subject of the harmful action and takes an active role player in the production of result, and also (S 30 th June 2000, with previous appointment) that the determination of causation must be based on a certainty of proof is not affected by a possible application of the doctrine of risk, the objectification of responsibility or the reversal of the burden of proof, require the existence of a strict test, which rests with the actor.
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