Original scientific paper
The concept and functions of non-proprietary damage according to the new Law on obligatory relations
Marko Baretić
Abstract
The author analyses the new regulation of the institute of liability for non-property damage as defined by the Law on Obligatory Relations (2005). Based on predominantly comparative law analysis, the author analyses the diffusion of the recently adopted objective concept of non-proprietary damage in developed European legal systems in order to find an answer to the question of whether the conceptual alteration of the institute of liability for damage was justified and necessary. By analysing the French, German, Swiss, Italian, English, Polish and Russian legal systems in the first place and, to a lesser extent, the Belgian, Greek and Slovakian legal systems, the author concludes that the recently adopted objectivist concept of non-proprietary damage is both well-founded from the viewpoint of comparative law and justified from the dogmatic and legal-political point of view. In addition, the author analyses the views of Croatian and foreign legal science and court practice regarding the problem of defining the functions which a just monetary compensation of non-proprietary damage should serve. In this context, the author concludes that, as opposed to the Croatian legal literature which unanimously supports the view that a just monetary compensation has an exclusively satisfactory function, developed European legal systems share the commonly accepted view according to which compensation has a prevalently compensatory and prevention function, while the satisfactory function is of minor importance.
Keywords
non-proprietary damage; concept of non-proprietary damage; functions of non-proprietary damage
Hrčak ID:
6441
URI
Publication date:
5.12.2006.
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