CIVIL LIABILITY OF MINORS

In: Facta Universitatis / University of Niš: the scientific journal. Series law and politics, S. 213

Abstract

Damage caused to another person assumes tort liability, providing that all the conditions specified by the law are met. National law stipulates that children under 7 years of age are not liable for damage they have caused, while minors over 7 years of age, if capable of reasoning, can be held liable for damage compensation. A minor attains general tort liability at the age of 14. Considering the fact that minors can be held liable for damage caused to another, the Serbian Obligations Act ("Law on Contracts and Torts") makes a justifiable distinction between minors of different age regarding their individual liability. This distinction is not common in other European legal systems. Yet, the author concludes that it would be sensible to postpone the process of establishing tort liability of a minor for a later period, when the minor attains full contractual capacity. The conclusion is based on two main reasons. The first one is the fact that parental right, which last until the said age, implies the parents' obligation to take care of their underage child. The second reason is the financial situation of the child that prevents him/her from compensating the damage s/he has caused to another person.