Preliminary communication
Observations on the regulations of the Law on obligatory relations for damage caused by motor vehicles in operation
Ivo Grbin
Abstract
For a long time, legislators in the Republic of Croatia and abroad have focused their attention on regulating liability for damage caused by motor vehicles in operation. Regulations have changed, and now the subject has been regulated by Articles 1068 to 1072 of the Law on Obligatory Relations of 2005.
The author points to the most important specific features of the regulations of the Law of Obligatory Relations regarding liability caused by motor vehicles in operation and some problems that could arise thereby. It is important to point out that these regulations have been listed among rules on liability for damage from dangerous activity although they regulate various types of compensation liability. Another important feature of these regulations is that they give their own definitions for a number of concepts within their sphere of interest.
After the introduction, the author discusses the area of application of the Law on Obligatory Relations on liability for damage caused by motor vehicles; liability for damage to third parties and mutual compensation liability of owners of motor vehicles.
Special attention is paid to the analysis of definitions of some concepts contained in the above legal regulations (motor vehicle, caravan, motor vehicle in operation, unauthorized user of motor vehicle, injured parties who are not considered to be third parties).
The author points to some ambiguities which can result in difficulties in the application of legal regulations. He calls into question the need to single out owners of motor vehicles as those who have caused or suffered damage as a special category of subjects of indemnity in mutual demands for damages.
Keywords
Law on Obligatory Relations; liability caused by motor vehicles in operation; liability for damage to third parties; mutual compensation liability of owner of motor vehicles
Hrčak ID:
6442
URI
Publication date:
5.12.2006.
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