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:
- Accident insurance of passengers in public transport
- Third party liability insurance for owners of motor vehicles
- Aircraft passenger and third-party liability insurance for aircraft owners
- 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
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
All contracts to be considered legal and produce legal effects must meet certain conditions:
- the declaration of the intention must be given by a person who has the necessary legal capacity, serious – made to produce the legal effect, and not for any other purpose, free (that there is no defect of consent) – delusion, fraud and/or the threat, in the necessary form, that the desired legal actions are per law and morality
- that the basis of the contract exists
- that the condition is allowed and possible.
The sanction for non-fulfilment of these conditions is the invalidity of the contract, which can be different, depending on the type of defect.
For the most serious defects, the sanction is the nullity of the contract (absolute nullity), while for those who have a lower degree of violation, it is annulment – destruction (relative nullity). There is also a third sanction under contracts, recognized by legal science, which consists of non-existent contracts. Continue reading Invalidity of the Contracts