Request for just satisfaction as a remedy for the protection of the right to a trial within a reasonable time

The Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015) regulates the right to a trial within a reasonable time.

The purpose of the Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015) is to provide judicial protection of the right to trial within a reasonable time and thus to prevent the occurrence of the violation of the right to trial within a reasonable time.

Judicial protection of the right to trial within a reasonable time includes the investigation conducted by the public prosecutor in the criminal proceeding.

The following persons are entitled to the right to a trial within a reasonable time: every party in court proceeding, including the enforcement proceeding, every participant pursuant to the law governing non-contentious proceeding, while the following participant in criminal proceeding: the injured party, private plaintiff and injured party, only if they claimed damages in criminal proceeding (hereinafter: the party). Continue reading Request for just satisfaction as a remedy for the protection of the right to a trial within a reasonable time

Liability for another

Liability for another was regulated by the provisions of Articles from 164. to 169 of the Law of Contract and Tort.

With liability for another varies the perpetrator of damage – tort-feasor from the responsible person – a person who is obliged to compensate the caused damage. Liability for the other was established in the interest of the injured party, because it is the perpetrator of damage that usually has no assets for the compensation of damage.

Liability for another means responsibility for the damage and the person responsible for another, and tort-feasor, except in cases when the damage is caused by a person who, due to mental illness or retarded mental development, or for some other reasons, is not mentally competent or by a child of up to seven years of age.

Tort-feasor shall be responsible in accordance with the principle of fault, because it is a responsibility for its own actions. Continue reading Liability for another

Indemnity for Damage to Property

The basic rules applicable to indemnity for damage to property are regulated by the provisions of the Law on Contracts and Torts (Articles from 185 to 198).

By the provisions of Articel 185 of the Law on Contracts and Torts indemnity for damage to property is defined as re-establishing of the previous situation and an indemnity in money. A responsible person shall be liable to re-establish the situation existing prior to the occurence of damage. Indemnity for damage to property in money shall be paid to the person suffering loss in following cases:

  • Should re-establishing of the previous situation fail to eliminate the damage entirely, the responsible person shall be liable to pay an indemnity in money to cover for the rest of the damage.
  • Should restitution be impossible, or should the court find it necessary for the responsible person to do that, the court shall order such person to pay to the person suffering loss an adequate amount of money as compensation for loss.
  • At the request of the person suffering loss, the court shall award compensation in money to him, unless the circumstances of the specific case justify the restitution.

Compensation for damage to property shall be due from the moment of the damage taking place. Continue reading Indemnity for Damage to Property