Indemnity for damage for mental anguish suffered due to reduction of life activities

13. 12. 2016. Dragana Đorđević Leave a comment

Reduction of life activities, as a special ground for compensation for mental anguish, include all restrictions on life activities of the person sustaining loss which he realized or would realize in the future certainly by a regular course of things.

Under the restriction means and performing activities with increased efforts or under special conditions.

This type of damage is usually permanent, but money indemnity may be awarded when the reduction of life activities is temporarily, if it is with higher intensity and longer duration or if it is justified by special circumstances Continue reading Indemnity for damage for mental anguish suffered due to reduction of life activities →

Money indemnity of certain forms of the non-material damage for suffering mental anguish

05. 12. 2016. Dragana Đorđević Leave a comment

Non-material damage shall be charged in case of violation of an individual rights. It can be consisted in a monetary and non-monetary indemnity.

According to the provisions of Article 200 of the Law of contract and torts money indemnity for non-material damage is defined as a ’’equitable money indemnity’’.

Money indemnity for non-material damage is not intended to monetary reparation of something which a person sustaining loss lost (suffered physical and mental pain or fear) but that a person sustaining loss for awarded financial amount can obtain to himself the satisfaction (moral or material), which on the best way allow him to establish the disturbed mental balance. Continue reading Money indemnity of certain forms of the non-material damage for suffering mental anguish →

Real estate lease agreement according to the Law of Contract and Torts

29. 11. 2016. Dragana Đorđević Leave a comment

According to the provisions of the Law of Contract and Torts lease agreement shall be defined as a contract by which one person shall assume the obligation to deliver a specific object to another person (lessee) for use, and lessee shall assume the obligation to pay him in return a specified compensation (rent) and to restore him the rented thing after the termination of the contract. The use shall also include collecting yields, unless otherwise provided by contract or by trade usage.

The lease agreement is named contract because it is regulated by law, onerous, consensual – it is formed in accordance with the consenting minds, bilaterally binding and simple contract – it does not contain elements of the other contracts.

Also according to the provisions of the Law of Contract and Torts the lease agreement is an informal contract. Continue reading Real estate lease agreement according to the Law of Contract and Torts →