Beszámoló az Attila Harmathy Memorial Lecture 2025-ös előadássorozatról

In his memorial lecture held in honor of Attila Harmathy, Professor Helmut Koziol critically examined one of the fundamental principles of tort law, namely fault-based liability, in the context of "bad luck" cases. He developed his analysis through several legal cases, demonstrating that the rigid application of the casum sentit dominus principle often leads to unjust outcomes. Koziol emphasized that current legal regimes assess primarily the conduct of the tortfeasor, while disregarding the position of the injured party, thereby undermining the principles of equal treatment and justice. According to his view, broader recognition of loss-sharing and fault-independent, at least partial, liability would be justified. The lecture ultimately concluded that private law must satisfy not only the requirements of corrective justice but also those of distributive justice, whether through judicial interpretation or legislative intervention.