DOSPIJEĆE NEIMOVINSKE ŠTETE I TIJEK ZATEZNIH KAMATA PO OSNOVU UGOVORA O OSIGURANJU OD AUTOMOBILSKE ODGOVORNOSTI U REPUBLICI HRVATSKOJ Aktualnosti hrvatske sudske prakse i pravno shvaćanje Građanskog odjela Vrhovnog suda RH od 12.04.2016.
MATURITY OF NON-PECUNIARY DAMAGES AND RELATED DEFAULT INTEREST UNDER THE AGREEMENT ON INSURANCE FOR DAMAGE CAUSED BY MOTOR VEHICLES IN THE REPUBLIC OF CROATIA Overview of the recent case law and the legal opinion of the Supreme Court from April 12th

Summary/Abstract: Considering that the question of maturity of default interest on non-pecuniary damage, which has its origins in a car accident and is paid by insurer responsible under the Agreement on insurance for damage caused by motor vehicles, is one of the issues regulated by the Act on Compulsory Insurance within the Transport Sector from 2005 (ZOOP/05) as a lex specialis, it should not be controversial that when determining the obligation of the insurer to pay non-pecuniary damage, respectively the maturity of non-pecuniary damage caused by traffic accidents, which is arising from the Agreement on insurance for damage caused by motor vehicles, the provisions of Article 12, Paragraph 4 of ZOOP/05 should be applied, rather than the Article 1103 of the Civil Obligations Act (ZOO), given the fact that ZOOP as the special law contains provisions regulating the right for compensation and unequivocally recognizes the specifics of the subject matter, or in this particular case, the specifics of the risks covered by this compulsory insurance.Above explained was not taken into consideration within the recent legal opinion of the Supreme Court from April 2016, nor the subject opinion made the distinction between the maturity of non-pecuniary damage regulated by the general act (Article 1103, ZOO) and the maturity of non-pecuniary damage that has its origins in a car accident and is paid by the insurer liable under the Agreement on insurance for damage caused by motor vehicles.Applied approach and “unified” legal opinion on the maturity of non-pecuniary damage which does not differentiate non-pecuniary damage based on their origin, nor in any way anticipates the provisions of the Act on Compulsory Insurance within the Transport Sector as a special regulation in relation to non-pecuniary damage arising from traffic accidents paid by the insurer liable under the Agreement on insurance for damages caused by motor vehicles, makes justified the questioning of purpose and objective of adopting, or even the existence of the Act on Compulsory Insurance within Traffic Sector as lex specialis, governing the area of damages caused by motor vehicles in relation to liable insurer, and undermines the entire EU background of adopting this legislation in the Republic of Croatia, who had the aim to adjust the Croatian national legislation to the provisions of European law on compulsory insurance for damage caused by motor vehicles and implementation of the EU Directive regulating subject matter.Taking into account the analysis of the legal theory, the objective of the legislator for passing the Act on Compulsory Insurance within Traffic Sector (ratio legis)and reason for its adoption (occasio legis), it is quite certain that when determining the maturity of non-pecuniary damage arising from traffic accidents paid by insurers responsible under the Agreement on insurance for damage caused by motor vehicles, the provisions of Article 12 of the Act on Compulsory Insurance within Traffic Sector should be applied, rather than application of general provisions of the Civil Obligations Act, which makes justified critical questioning of the legal opinion of the Supreme Court from April 2016 on the maturity of non-pecuniary damage without distinguishing the damage that have its origins in a car accident and is paid by the insurer liable under the Agreement on insurance for damage caused by motor vehicles.Such incomplete and unclear legal opinion does not contribute to solving a number of open questions and doubts of the case law in the Republic of Croatia related to the maturity of non-pecuniary damage and maturity of default interest arising from car accidents paid by the insurer responsible under the agreement on insurance for damage caused by motor vehicles.

• Details
• Contents