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Report No. 62

1A.22. Provision in Soviet Civil Code.-

It may, in this connection, be of interest to refer to a provision of the Soviet Civil Code, which provides for strict liability in cases of hazardous enterprises. It reads as follows:-

"454. Liability for harm caused by a source of increased danger.-Organisations and citizens whose activity involves increased danger for those in the transport organisations, industrial enterprises building projects, possessors of motor cars, etc., must make good the harm caused by the source of increased danger unless they prove that the harm arose in consequence of irresistible force or as a result of the intention of the victim."1

It is, of course, hardly necessary to add that the above provision is a general one applicable in the field of civil wrongs. We have quoted it as illustrative of the idea of danger which has been expressly adopted in the provision.

1. Article 454, R.S.F.S.R. Civil Code cited in Alice Jay Principle of Liability in Soviet Laws of Torts, (1969), 18 I.C.L.Q. 424, 427 (replacing old Article 404).

Workmens Compensation Act, 1923 Back

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