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For The Employer'S Recourse Against The Direct Cause Of The Damage, A Third Party To The Employment Relationship

Author

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  • Maria Radeva

    (Angel Kanchev University of Ruse)

Abstract

The employer's liability under Art. 200 of the Labour Code is a warranty and is without fault. Where the accident at work was caused by the fault of an employee of the same employer and the latter has paid compensation under Art. 200 of the Labour Code of the victim, resp. to his heirs, the employer has the substantive right of recourse and the special claim under Art. 202 of the Labour Code against the guilty employee who caused the work accident, i.e. the damage. The subject of the study is the right of recourse of the employer when the direct cause of the damage is an employee but with another employer. In this case, the employer who has paid compensation under Art. 200 of the Labour Code, will have against the tortfeasor, a third party to the employment relationship - not with the regressive substantive right and the special claim under Art. 202 of the Labour Code, but with the regressive substantive right and the claim under Art. 54 of the Obligations and Contracts Act.

Suggested Citation

  • Maria Radeva, 2022. "For The Employer'S Recourse Against The Direct Cause Of The Damage, A Third Party To The Employment Relationship," THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, University publishing house "Science and Economics", University of Economics - Varna, vol. 5(1), pages 169-181, December.
    • Handle: RePEc:vra:lbcs20:y:2022:i:1:p:169-181
    DOI: 10.36997/LBCS2022.16
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    More about this item

    Keywords

    financial liability of the employer; recourse action;

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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