Civil liability in the law of the Republic of Serbia: The injured party's contribution to the occurrence of damage

The injured party's contribution to the occurrence of damage is a highly complex institution. Contributory liability may be defined as the situation in which damage is not attributable solely to the tortfeasor but also to the injured party. In legal doctrine, one frequently encounters divergent opinions concerning both the scope and the extent of the injured party's contribution to the damage. A particularly contentious issue is whether the injured party's liability requires the element of fault or whether it may rest solely on the causal contribution to the damage. The aim of this paper-given the importance and complexity of the institute under analysis-is to dispel uncertainties, or at least to reduce them, through logically derived conclusions on the subject matter. A special emphasis is placed on presenting generalized solutions more concisely by clarifying which circumstances the court assesses when determining the amount, scope, and proportion of the injured party's contribution to the occurrence of damage.