Zatezne kamate na naknadu štete na osnovi ugovora o osiguranju od automobilske odgovorosti
Interest on damages based on automobile liability insurance contract

Summary/Abstract: Considering the widespread application of the institute of penalty interest in all aspects of economic sphere of life and the fact that the application of the subjected institute can result in significant financial obligation for debtor of the basic obligation, which can in some cases even exceed the amount of the principal, it is understandable increased interest of the experts, but also the public, for the given topic. This fact also makes justifiable the questioning of the relevant legislation, both in terms of their completness and the ultimate goal to be achieved, compared to the literal interpretation of individual legal provisions.This paper focuses on the obligation to pay penalty interest on the damages arising from the contract on the automobile liability insurance taking into account the fundamental purpose or function of the institute of penalty interest on the damages to be paid based on the subject contract and its legal nature. Primariliy, through the material and legal definitions of the penalty interest institut in the Republic of Croatia and countries in the region, and also through the current case law in relation to the subject matter, this paper examines wether the penalty interest on the damages arrising from automobile liability insurance materialize exclusively through its punitive function, sanction to the responsible insurer for the delay in the processing of compensation claims and untimely payment, also through its preventive function in terms of faster processing, liquidation and payment of damages, or the modalities of the relevant legislation regulating the penalty interests are indicating also on the protection of the responsible insurer.

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