Abstract
Although it states that the pest is obliged to compensate only damage that could predict the time of its meeting, the new Civil Code contains no provision which this principle explicitly anchored. The purpose of this article is to demonstrate that the concept of foreseeability should also apply under the new Civil Code, both in the context of tort liability for damages, and in the case of contractual liability.
The concept of foreseeability of damage also analyzed in relation to related institutes, such as prevention duties, higher power, fault and causation. The article also discusses the question whether the criterion of foreseeability is assessed on an objective or subjective point of view, arguing that the predictability assessment for contractual liability is objective, and therefore more stringent than is the case in tort, where it is possible to take into account the specific characteristics pest.