Assumptions of liability for damages

Liability for damage exists if the following special conditions have been met:

  • injured person and tort-feasor (subjects)
  • harmful action
  • damage
  • unlawfulness of the tort-feasor’s action
  • established causal link between undertaken harmful action and harmful consequence
  • fault of tort-feasor.

Assumptions of liability for damages vary depending on whether liability for damages based on the criterion of guilt or causing damage.

Liability for damages based on causing damage criterion on the basis of the strict liability for dangerous object of property or dangerous activity, it is enough the existence of two conditions: the damage and the causal link established between undertaken harmful action and harmful consequence. Continue reading Assumptions of liability for damages

Reorganisation plan as a enforceable document

Bankruptcy proceedings, within the meaning of the Law on Bankruptcy, shall be insolvency or reorganisation.

Insolvency shall mean creditor satisfaction through the sale of entire assets of the bankruptcy debtor, or the sale of the bankruptcy debtor as a legal entity.

Reorganisation shall mean creditor satisfaction accomplished under the adopted plan of reorganisation by redefining relations between the debtor and the creditor or the debtor’s legal status, or in another manner provided for in the plan.

The aim of the both ways of implementing bankruptcy shall be to ensure the most favourable collective settlement of bankruptcy creditors

According to provisions of the Law on Banckruptcy and the Law on Enforcement and Security Interest the adopted reorganisation plan in bankruptcy procedure, confirmed by a court ruling shall have the force of enforceable document. Continue reading Reorganisation plan as a enforceable document

Definition and characteristics of annuity

In obligation law the annuity is understood as a form of compensation for damages whose total amount is not known at the time of making the request and it shall be paid periodically in predetermined amounts. Typically material damage that will be realized in the future is compensated by annuity.

The basis for the establishment of annuity claims is contained in the realization of the objective circumstances of unexpected adverse event.

The annuity has the following main features: