SloveniaObligacijski zakonik (OZ), Article 155, Liability of the Producer for a Thing with a Defect
Obligacijski zakonik (OZ), 155. člen
In force since .
A product liability rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
As of .
What it requires
- Do not assume this article answers whether standalone software is a thing the maker made: Article 155(1) speaks of a stvar (thing) and does not name software (Art. 155(1)).
- If you put into circulation a thing you made that, because of a defect, threatens persons or things with harm, you answer for the damage that the defect causes (Art. 155(1)).
- If you make a thing, do everything needed to prevent the harm you could foresee from its dangerous properties by a warning, safe packaging or another suitable measure, or you answer for those properties as well (Art. 155(2)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Settledness
- As of
- Open questions
- Is software supplied on its own a stvar (thing) that the maker made within Article 155(1) of the OZ?
What this law does
Article 155(1) makes whoever puts into circulation a thing it made, which because of a defect threatens persons or things with harm, liable for the damage that the defect causes. Article 155(2) makes the producer liable also for the dangerous properties of a thing if it did not do everything needed to prevent the foreseeable harm by a warning, safe packaging or another suitable measure.
The government's explanatory text for the draft replacement Act says the former rule of the Zakon o obligacijskih razmerjih on the producer's liability for a thing with a defect passed into Article 155 of the OZ. The same text says that objectively designed liability of the producer for a product with a defect was already regulated in the former Zakon o obligacijskih razmerjih. The Obligacijski zakonik was published in the Uradni list RS, number 83/2001, on . Article 1062 brings the Code into force on .
When LexLint raises it
When your app profile says your app distributes a software product or ships a mobile app.