Pregledni rad
https://doi.org/10.32984/gapzh.12.1.11
New European Tendencies – Unification of Limitation Periods for Compensation Claims in Connection with Motor Third Party Liability Insurance
Željka Primorac
orcid.org/0000-0002-9880-0369
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Nenad Miletić
; Općinski građanski sud u Zagrebu, Zagreb, Hrvatska
Sažetak
On the basis of basic European legal guidelines on civil liability and the obligation of the owner of a motor vehicle (the insured person) to have an insurance against liability for damage that may occur to third parties using a motor vehicle, the authors emphasise that compensation for damage is the insurer's obligation, and the existence of a claim for damages is a necessary presumption of his liability. The authors provide the theoretical in-depth analysis of the issue of the right of victims (victims of traffic accidents) to bring a direct action against the responsible insurer (party which caused the damage) in order to exercise the right to compensation for damage caused by a traffic accident with cross-border implications. Given that the national legal systems of the EU Member States have significantly different legal norms on the relevant limitation periods for compensation claims, the aim of this paper is to analyse and review the European Parliament resolution of 2017 on limitation periods for traffic accidents and recommendations for the Directive of the European Parliament and of the Council on Common Limitations Periods for Cross-Border Road Traffic Accidents proposing the establishment of a special system of common limitation periods in relation to compensation claims for bodily injury and property damage caused by cross-border road traffic accidents. Since the provisions in question aim to ensure the availability of legal remedies for the protection of traffic accident victims, the authors analyse the extent to which these provisions contribute to the effectiveness of legal protection of victims and legal certainty.
Ključne riječi
limitation periods; compensation claims; motor third party liability insurance
Hrčak ID:
260604
URI
Datum izdavanja:
16.7.2021.
Posjeta: 1.414 *