ОГРАНИЧЕЊА ОДГОВОРНОСТИ ЗА ШТЕТУ У СРПСКОМ ПРАВУ
LIMITATIONS OF LIABILITY FOR DAMAGE UNDER SERBIAN LAW

Summary/Abstract: Modern European tort law systems are marked by multiplication of the heads of damages, increase in the possibilities for the injured parties to pass on the damage they incurred, raise in the amount of the awarded damages, and an increasing claim-consciousness of possible plaintiffs. These systems have developed different mechanisms of keeping liability in torts within reasonable limits. They provide tools for fine corrections of the effects of the principle of full compensation, the purpose of such tools being to ensure fair balance of the interests of injured party and tortfeasor. This means that, when all circumstances of the case are taken into consideration, the tortfeasor’s burden of liability should be reduced in the event that the principle of full compensation fails to produce fair and reasonable results in the case at hand. The purpose of these instruments is not to rectify social or economic differences, but to make certain that, taking all circumstances into account, liability is not unjustifiably burdensome for the tortfeasor. What is justified with respect to the limits of liability for damage is one of the most tasking questions of tort law.

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