Attorney Dragana Djordjevic » "payment of damages"

Assumptions of liability for damages

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Liability for damage exists if the following special conditions have been met:

  • injured person and tort-feasor (subjects)
  • harmful action
  • damage
  • unlawfulness of the tort-feasor’s action
  • established causal link between undertaken harmful action and harmful consequence
  • fault of tort-feasor.

Assumptions of liability for damages vary depending on whether liability for damages based on the criterion of guilt or causing damage.

Liability for damages based on causing damage criterion on the basis of the strict liability for dangerous object of property or dangerous activity, it is enough the existence of two conditions: the damage and the causal link established between undertaken harmful action and harmful consequence. Continue reading Assumptions of liability for damages →

Definition and characteristics of annuity

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In obligation law the annuity is understood as a form of compensation for damages whose total amount is not known at the time of making the request and it shall be paid periodically in predetermined amounts. Typically material damage that will be realized in the future is compensated by annuity.

The basis for the establishment of annuity claims is contained in the realization of the objective circumstances of unexpected adverse event.

The annuity has the following main features:

Liability for damage of enterprises and other legal persons to third party

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Liability for damage of enterprises and other legal persons to third party shall be regulated by the provisions of articles from 170 to 172 of The Law of Contract and Torts.

Liability for damage of enterprises caused by an employee while working or in relation to work, to a third person and liability of a legal person for injury caused by its body shall be regulated by the provisions of The Law of Contract and Torts.

Liability for damage caused by an employee while working or in relation to work to the enterprise where it works as well as liability for damage suffered by employee while working or in relation to work is governed by regulations in the field of labor law. Continue reading Liability for damage of enterprises and other legal persons to third party →