НАКНАДА ШТЕТЕ У СЛУЧАЈУ ПРОФЕСИОНАЛНЕ ОДГОВОРНОСТИ У ПРАВНИМ ПРОФЕСИЈАМА У СКЛАДУ СА ПРОПИСИМА РЕПУБЛИКЕ МАКЕДОНИЈЕ
COMPENSATION OF DAMAGE IN CASE OF PROFESSIONAL LIABILITY IN LEGAL PROFESSIONS UNDER THE LAW OF THE REPUBLIC OF MACEDONIA

Summary/Abstract: The term professional liability is one of the terms that still divide the legal theory today, for which reason the author first addresses the definition of professional liability. The specifics of professional liability will be discussed in the context of analyzing the legislative framework, for the purpose of determining the legal grounds of professional liability. Is the professional liability a contractual or non-contractual liability? Is it regulated by lex specialis, or by general provisions of tort law? The analysis of the Macedonian Obligations Relations Act and the lex specialis that regulate this question in the national legal system should show if there is incompatibility between the envisaged legal provisions and if there is a need for introducing certain amendments in the legal provisions on professional liability. The compensation for damage will be approached by defining the basic legal requirements for establishing this type of liability: wrongful act, damage, and causation. The author focuses on specifics that define the conditions under which a person may obtain compensation. Under the Macedonian law, one of the specific conditions in cases involving professional liability is the mandatory third party liability insurance. In particular, the paper focuses on the professional liabilty of three legal professions: lawyers, enforcement agents and public notaries. The legal provisions regarding the institute of professional liability, as well as the subcategory of professional civil liability of lawyers, notaries public and enforcement agents, are insufficiently regulated in the Macedonian positive law and insufficiently considered in the legal doctrine and literature on this matter. There are legal gaps that the legislator needs to regulate in the future in an explicit and systematic manner in order to achieve the goal of this institute, which is aimed at ensuring that the clients of these professionals as well as third parties have the right to compensation for damage caused by these professionals during the performance of their practice.

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