| Abstract [eng] |
Problems of Application of Indirect Liability of Employer This master thesis focuses on both theoretical and practical aspects and main features of application of indirect liability of employer and problems thereof. An unclear scope of the application of this doctrine in legal theory and case-law, creates the need to provide a detailed analysis. Despite the fact that indirect liability of employer is characterized by specific features, it is a part of tort law system as well. So the study firstly examines the main aspects of tort law. The second chapter of this study contains an historical overview of indirect liability of employer, theoretical justifications and the main features of this doctrine. Considering the fact that indirect liability of employer includes both civil and labor law rules, the issue of mutual compatibility is also examined. The main attention is paid to the key elements of this doctrine: relationships giving rise to indirect liability and acting in the course of one’s employment. The study also examines the right to an indemnity and the possibility to sue the employee because of employers’ insolvency. To reach an understanding of the scope of this doctrine, the study is based on comparative analysis of the legal doctrines of United Kingdom, Germany, and France, works of foreign law researchers, and the most recent case-law. |
