Attorney Dragana Djordjevic » Blog » Compensation (3)

Contract on compulsory insurance

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Contract on compulsory insurance, conditions for and content were regulated by the provisions of Law on Compulsory Traffic Insurance (“Off. Herald of RS”, Nos. 51/2009, 78/2011, 101/2011, 93/2012 i 7/2013 – Constitutional Court decision).

The owners of means of transport, used for public transport, and the owners of other means of transport shall be required to sign a contract on compulsory insurance before the means of transport is used for transport and for the following types of compulsory traffic insurance:

  1. Accident insurance of passengers in public transport
  2. Third party liability insurance for owners of motor vehicles
  3. Aircraft passenger and third-party liability insurance for aircraft owners
  4. Third party boat insurance for boat owners.

In case bankruptcy proceedings are initiated against the insurance company, the concluded compulsory insurance contract shall remain valid until its expiration date.

Effects of the contract on compulsory insurance

An insurance company shall enter into a contract on compulsory insurance at policy conditions and scales of premiums applicable at the time such insurance contract is made. Continue reading Contract on compulsory insurance →

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

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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

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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 →