ODMERAVANJE NAKNADE ŠTETE PREMA VREDNOSTI KOJU JE STVAR IMALA ZA OŠTEĆENIKA
CALCULATION OF DAMAGES IN CASE OF DAMAGE TO OR LOSS OF A THING CAUSED BY CRIMINAL ACT

Summary/Abstract: Under Art. 189, para. 4 of Serbian Law on Obligations (LoO), if a thing is damaged or destroyed by an intentional criminal act, the court may calculate and award damages according to the value the thing had for the damaged party. Some issues regarding understanding and application of this rule remained unresolved both in the Serbian legal doctrine, and in the practice of Serbian courts. The first question is whether the aforesaid rule relates to (1) a special, subjective method of calculation of damages in case of patrimonial damage, more precisely damage to, or destruction of a corporeal thing, or to (2) pain and suffering due to damage to, or loss of a thing, which may only qualify as a type of moral, non-patrimonial damage. Secondly, there is no conclusive answer as to the question of applicability of Art. 189, para. 4 LoO in the event of vicarious liability. And thirdly, there is an open question of whether civil courts may decide on the existence of an intentional criminal act as a preliminary issue or not, and if they may, then under what conditions.

• Details
• Contents