Absence of written complaint in case of damage to luggage : [case review] Cover Image

Izostanak pisanog prigovora u slučaju oštećenja prtljage : [prikaz presude]
Absence of written complaint in case of damage to luggage : [case review]

Author(s): Vesna Skorupan Wolff
Subject(s): Civil Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; carriage of passengers; damage to luggage; absence of written complaint;

Summary/Abstract: The legal provision which presumes that a passenger received his/her luggage in good condition until proved otherwise, was misinterpreted by the court when they concluded that the prerequisites for compensation of damages were not created. The conclusion was drawn from the fact that the plaintiff had not made a written complaint to the carrier or his authorized representative. Absence of complaint does not result in preclusion of the passenger's rights because the law does not provide for that.

  • Issue Year: 45/2006
  • Issue No: 160
  • Page Range: 150-152
  • Page Count: 3
  • Language: Croatian