Attorney Dragana Djordjevic » "Compensation for damages" (3)

Termination of a company by a court decision

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Judicial liquidation reasons include those determined by the court after the criminal or civil proceedings.

As part of the criminal procedure, a security or protective measure prohibiting the performance of activities can be imposed on the company. After its pronouncement, the company must change its activity or start a voluntary liquidation procedure. The compulsory liquidation procedure is initiated if the company does not do so.

The Law on the Liability of Legal Entities for Criminal Offenses also allows for imposing a penalty of termination of the company. After delivery of the decision, the company must initiate the voluntary liquidation procedure within 30 days; otherwise, the Serbian Business Registers Agency initiates the compulsory liquidation procedure.

There are three reasons for liquidation related to the court’s decision in civil proceedings:

  1. Established invalidity of the founding act
  2. Established invalidity of establishment registration
  3. Ordered the termination of the company following the Companies Act. Continue reading Termination of a company by a court decision →

Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage

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The contractual relations between the passenger-consumer who uses the air transportation service, as one contractual party, and the airline that provides this service, as the other contractual party, are applied as authoritative provisions:

  • Law on Obligation and Fundamentals of Ownership-Legal Relations in Air Traffic (“Official Gazette of RS”, No. 87/2011 and 66/2015),
  • The Montreal Convention, which the Law ratified on Confirmation of the Convention on the Unification of Certain Rules for International Air Transport (“Official Gazette of RS – International Agreements”, No. 38/2009) and
  • Law on Consumer Protection (“Official Gazette of RS”, No. 88/2021).

General rules of the Law on Obligation Relations (“Official Gazette of the SFRY”, no. 29/78, 39/85, 45/89 – decision of the USJ and 57/89, “Official Gazette of the SFRY”, no. 31/93, “Official Gazette of SCG”, No. 1/2003 – Constitutional Charter and “Official Gazette of the RS”, No. 18/2020) accordingly apply to all issues that are not regulated by the regulations mentioned above. Continue reading Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage →

Accident insurance for passengers in public transport

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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 →