Code of Obligations [English Version]

The Code of Obligations (Obligacijski zakonik, hereinafter OZ) provides basic tort principles upon which internet intermediaries may be held liable.

(1) Article 131 thus stipulates that: “Any person that causes damage to another shall be obliged to reimburse it; unless it is proved that the damage was incurred without the culpability of the former”. Besides the possibility that internet intermediaries may be held liable as primary infringers, joint and several liability is imposed on all participants, instigators and those who assist the liable person in evading detection (article 186). Although culpability is necessary in order to find a person liable under this heading, negligence can also be sufficient when imposing liability on intermediaries.

(2) In connection to infringements of personal rights, Article 134 OZ provides the legal basis for injunctions requiring the defendant to terminate and refrain from infringements.