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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 34 No. 1, 2013.

Review article

THE PRINCIPLE OF PROHIBITING THE CAUSING OF DAMAGE AS A (POSSIBLE) GUARANTEE OF ACTUAL (REAL) DAMAGES

Aldo Radolović ; Ustavni sud Republike Hrvatske, Pravni fakultet Sveučilišta u Rijeci

Full text: croatian pdf 451 Kb

page 307-330

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Abstract

This paper analyzes the principle of prohibiting the causing of damage (by virtue of Article 8 of the Croatian Obligations Act of 2005) in light of the objective according to which any injured party who without fault suffers damage receives actual (real, realistic) damages. The result of this analysis shows that this objective is not easy to achieve due to a number of reasons. A possible solution lies in further modernization (Europeanization) and partially in the creation of the so called guarantee funds which would assist injured parties. Although it is true that Croatian tort law is not miles away from European tort law, there is still ample room for improvement.

Keywords

damages; tort law; development of tort law in the Republic of Croatia; guarantee funds for damages; Europeanization and modernization of tort law in the Republic of Croatia

Hrčak ID:

116292

URI

https://hrcak.srce.hr/116292

Publication date:

12.4.2013.

Article data in other languages: croatian

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