Cession of claims by contract

Cession of claims by contract is governed by the provisions of Articles 436 to 445 of the Law on Obligations and resulting in a substitution of creditor in obligations.

Subject of Contract

A creditor may carry out the cession of his claim by a contract entered into with a third person, except a claim whose transfer is not permitted by statute, or which is restricted to creditor’s
person, or whose very nature is incompatible with transferring to another.

Cession of claim by contract respectively a contract of cession shall have no effect for a debtor if he and the creditor have stipulated that the latter shall not be able to assign the claim to another, or that he shall not assign it without the debtor’s consent. Continue reading Cession of claims by contract

Liability for damage of enterprises and other legal persons to third party

Liability for damage of enterprises and other legal persons to third party shall be regulated by the provisions of articles from 170 to 172 of The Law of Contract and Torts.

Liability for damage of enterprises caused by an employee while working or in relation to work, to a third person and liability of a legal person for injury caused by its body shall be regulated by the provisions of The Law of Contract and Torts.

Liability for damage caused by an employee while working or in relation to work to the enterprise where it works as well as liability for damage suffered by employee while working or in relation to work is governed by regulations in the field of labor law. Continue reading Liability for damage of enterprises and other legal persons to third party

Indemnity for damage for mental anguish suffered due to disfigurement

A disfigurement represent permanent change of the external appearance of a person that shall be manifested in the loss of a limb, indignity of aesthetic appearance, indignity of a body part or the impairment of a bodily function.

Disfigurement as a ground for the payment of non-material damage

Ground for indemnity of non-material damage is the mental pain because of disfigurement, and not only the existence of disfigurement without mental pain.

Whether there is any non-material damage in the form of mental pain due to disfigurement (Article 200 paragraph 1 of the Law of Contracts and Torts) shall be estimated according to objective and subjective criteria. Continue reading Indemnity for damage for mental anguish suffered due to disfigurement