Abstract

The aim of this study was to determine civil liability arising from the exercise of employee and employer. The terms of realization of civil liability include the general and specific conditions and of important theories about civil liability of employers against workers is the risk and fault theory. The popular legal opinion is that employer's liability is based on the fault assumption which refers to a fault-based liability where the fault is assumed and doesn’t need proof. But it seems the base of sum of the employer's liability is sum and integration of risk theories and the fault assumption because in the fault assumption we see the individual’s assumed liability that he/she can proofing lack of fault or failure come out from liability burden. Despite the respect for civil rights doctrine, in the opinion of the writer (author) perhaps we can’t present a recorded and definite basis for employer's liability, as most lawyers believe. So what is in the law is the collective result of the integration fault assumption and derivatives of risk theory. In this study, conducted using descriptive – analytical, to identify the various intellectual foundations on raised issue, the Legal Opinions, law of common law and Romano-Germanic in this article are referred to different approaches on the issue ahead be explained.

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