УСЛОВ ЗА ДОЗВОЉЕНОСТ ТУЖБЕ ПРОТИВ ОСИГУРАВАЈУЋЕГ ДРУШТВА
CONDITION FOR THE PERMISSIBILITY OF A LAWSUIT AGAINST INSURANCE COMPANY

Summary/Abstract: Article 24 of the Law on Compulsory Insurance in Traffic conditions the right to file a lawsuit against the insurance company, in the manner prescribed by the Law on Civil Procedure before 2014 which stipulated the right to file a lawsuit against the state. Both laws stipulate that the previously extrajudicial addressing the potential defendant is a procedural prerequisite for the initiation of civil proceedings. The Law on Civil Procedure was changed in 2014. After the amendments to the law, the prior extrajudicial proposal is not a prerequisite for the permissibility of a lawsuit against the state. The author, starting from the similarity of the provisions of these two laws and the circumstances that the amendment to the above Article of the Law on Civil Procedure was justified, tries to prove that it is necessary to make a similar amendment to Article 24 of the Law on Compulsory Insurance in Traffic. The author also points out that the need for the compliance between the national law with the EU regulations is not the reason which opposes to the amendment of the Article of the Law on Compulsory Insurance in Traffic.

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