Pregledni rad
https://doi.org/10.30925/zpfsr.47.1.12
Compensation for Pecuniary Damage – the Principle of Full Compensation and the Institute of Reduced Compensation
Saša Nikšić
orcid.org/0000-0001-6170-1781
; Sveučilište u Zagrebu, Pravni fakultet
*
* Dopisni autor.
Sažetak
Civil liability law is based on the principle of full compensation. However, there are certain exceptions to this principle. In the case of contractual liability, the amount of damages depends on the type and degree of fault of the wrongdoer (debtor). Any gain obtained by the injured party may also be taken into account, and the compensation is reduced if the injured party has failed to take reasonable measures to mitigate the damage. Damages are reduced proportionately if the creditor (victim), or the person for whom he or she is liable, contributed to the occurrence of the damage, or its amount, or the aggravation of the debtor’s position. In the case of extra-contractual liability for the damage, there are fewer rules on the reduction of damages compared to contractual liability. The Croatian Obligations Acts (ZOO) provides for the reduction of compensation in the case of extra-contractual liability where the wrongdoer is of poor financial standing, or when they did something useful for the injured party, and, finally, in the case of the injured party’s contribution to the occurrence or increase of the damage. Specific requirements are provided for each of these exceptions, and, although there are certain points of contact between individual exceptions, it is always necessary to take into account the scope of application of each of them.
Ključne riječi
pecuniary damage; principle of full compensation; reduction of damages.
Hrčak ID:
346135
URI
Datum izdavanja:
15.4.2026.
Posjeta: 211 *