OBRADA MEĐUNARODNIH ŠTETA U IZVANSUDSKOME POSTUPKU: Usporedna analiza Sustava zelene karte i Sustava IV. direktive i potreba za temeljitim promjenama
PROCESSING CROSS-BORDER CLAIMS IN OUTOF-COURT PROCEEDINGS: A Comparative Analysis of the Green Card and the Protection of Visitors Systems and the Need for Fundamental Changes

Summary/Abstract: The paper examines the challenges involved in processing claims arising from civil non-contractual liability for damages caused by motor vehicles, especially when the legal relationship for compensation has an international dimension. For several decades, protecting victims of cross-border road traffic accidents has posed significant challenges at both international and European levels. To enhance victim protection, two systems for handling international claims have been established and operate concurrently: The Green Card System and the Protection of Visitors System (IV. Directive). The authors explore the fundamental characteristics and procedural rules of both systems, their strengths and weaknesses, and show how the existence of different mechanisms for resolving cross-border claims impacts the rights of the claimants. Given the relevance and complexity of this topic, the focus of this paper is limited to the processing of claims in out-of-court procedures, excluding matters related to judicial proceedings. Finally, the authors consider whether there are opportunities to improve the current regulatory framework to better protect victims of traffic accidents with an international element.

• Details
• Contents