Liability for another

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

Indemnity for damage for mental anguish suffered due to disfigurement

A disfigurement represent permanent change of the external appearance of a person that shall be manifested in the loss of a limb, indignity of aesthetic appearance, indignity of a body part or the impairment of a bodily function.

Disfigurement as a ground for the payment of non-material damage

Ground for indemnity of non-material damage is the mental pain because of disfigurement, and not only the existence of disfigurement without mental pain.

Whether there is any non-material damage in the form of mental pain due to disfigurement (Article 200 paragraph 1 of the Law of Contracts and Torts) shall be estimated according to objective and subjective criteria. Continue reading Indemnity for damage for mental anguish suffered due to disfigurement

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

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