For the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the types of compulsory traffic insurance shall be as follows:
- Accident insurance of passengers in public transport
- Third party liability insurance for owners of motor vehicles
- Aircraft passenger and third-party liability insurance for aircraft owners
- Third party boat insurance for boat owners.
The owner of the motor vehicles, aircraft and boat shall also include any user or other person registered as the owner of the means of transport in accordance with law.
Insurance against liability for damage caused to third parties concluded by the owner of the means of transport shall cover, under the conditions and in the way provided by the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the damages to third persons made by the means of transport, regardless of who was in the driver’s seat. Continue reading Accident insurance for passengers in public transport
The amount of compensation for non-pecuniary damage is determined by the competent court following the criteria set out in the provisions of Article 200 of the Law of Contract and Torts.
According to the provisions of Article 200 of the Law of Contract and Torts, for physical pains suffered, for mental anguish suffered due to reduction of life activities, for becoming disfigured, for offended reputation, honour, freedom or rights of personality, for the death of a close person, as well as for fear suffered, the court shall, after finding that the circumstances of the case and particularly the intensity of pains and fear, and their duration, provide a corresponding ground thereof – award equitable damages, independently of redressing the property damage, even if the latter is not awarded.
In deciding on the request for redressing nonmaterial loss, as well as on the number of such damages, the court shall take into account the significance of the value violated and the purpose to be achieved by such redress, but also that it does not favour ends otherwise incompatible with its nature and social purpose.
Continue reading Circumstances essential for the assessment of non-pecuniary damages
A right to request fulfilment of an obligation shall come to an end if time barred by statute of limitations. Unenforceability due to the statute of limitations shall follow the expiration of the period specified by statute during which the creditor was entitled to request fulfilment of the obligation.
The court shall not consider the fact of an obligation being time barred should the debtor fail to invoke it. This means that the debtor must raise the unenforceability period’s objection in the dispute for the court to consider it. The unenforceability period’s complaint is substantive, and the court will, as soon as it accepts this objection, reject the claim by a judgment and not renounce the action because of procedural reasons.
A debtor shall not renounce unenforceability prior to the expiration of time set forth for such unenforceability. However written acknowledgment of an obligation expired due to statute of limitations shall be construed as the renouncing of unenforceability. Providing security or other kind of guarantee to cover a claim expired due to statute of limitations shall have the same effect.
According to the provisions of the Law of the Contract and Torts, changing the legal unenforceability time limit by the contract is expressly forbidden.
Continue reading Unenforceability of the claims for damages