Zbornik, Vol. 37 No. 1, 2016.
Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.37.1.6
FUNCTIONS OF FAIR MONETARY COMPENSATION IN CROATIAN TORT LAW
Maja Bukovac Puvača
; Pranvi fakultet Sveučilišta u Rijeci
Sažetak
In the Croatian legal system, reparation of harm is recognized as the primary and exclusive function of liability for damages. Therefore, on the normative and theoretical level, material satisfaction is considered as the only function of fair monetary compensation and a kind of reparation of non-pecuniary damage. Such an approach, however, does not answer the question what function this compensation has in the case that the injured party cannot experience satisfaction. In this paper, it is pointed out that some other functions of liability for damage are recognized in comparative law and in case law fair monetary compensation is seen as a form of recognition of injured parties rights. The author concludes that there is no reason for this not to be the same in the Croatian law, especially after the adoption of the objective concept of non-pecuniary damage in which legal persons are entitled to a fair monetary compensation, also.
Ključne riječi
functions of tort law; non-pecuniary damage; fair monetary compensation; satisfaction; reparation of damage
Hrčak ID:
160488
URI
Datum izdavanja:
11.4.2016.
Posjeta: 2.785 *