Accident insurance for passengers in public transport

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:

  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.

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

Liquidated damages

A creditor and a debtor may stipulate that the debtor shall pay to the creditor a specific sum or supply him with some other property benefit, should he fail to perform his non-monetary obligation, or delay in performing it (liquidated damages).

Unless something else results from contract, liquidated damages shall be considered as stipulated for the case of a debtor becoming late in performance.

Liquidated damages shall not be stipulated in relation to monetary obligations.

Method of Calculation

Contracting parties may determine the amount of liquidated damages as they please, either in form of a lump sum or as a percentage, or for each day of delay, or in some other way. Continue reading Liquidated damages

Circumstances essential for the assessment of non-pecuniary damages

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