Attorney Dragana Djordjevic » "Compensation for damages" (6)

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 →

The contract of commercial agency

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By a contract of commercial agency the agent shall assume the obligation to take permanent care that third persons enter into contracts with his principal, and to mediate in that respect between them and the principal, as well as to enter into contracts, after obtaining authorisation, with third persons on behalf and for the account of the principal, while the principal shall assume the obligation to pay to him, for each contract concluded, an agreed fee (brokerage).

A principal may have several agents in the same area for the same kind of business. One agent shall not, without his principal’s consent, assume the obligation to work for another principal regarding the same kind of business in the same area.

A contract of commercial agency must be concluded in written form. Concluding Contracts on Behalf of a Principal An agent may conclude contracts on behalf and for the account of his principal only after obtaining from him a corresponding particular or general authorisation. Continue reading The contract of commercial agency →

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 →