Preliminary communication
Asserting a Claim for Indemnification Towards a Defendant who Committed a Criminal Offence as a Responsible Person of a Legal Person which Gained Assets from such Offence
Ines Grubišić
; Zamjenica ravnateljice USKOK-a, Zagreb
Abstract
A person injured by a criminal offence is entitled to claim for its restitution from the person who caused such damage by committing a criminal offence. When the damage results from a criminal offence that was commited by a responsible person while representing a legal person and when gaining assets for the legal person, the injured person is entitled to claim for damage restitution from both legal person and responsible person. Legal person's liability then derives from its legal relationship with the injured person, which relationship came into ecxistance through a criminal offence. Responsible person's liability derives from the fact that he/she is the perpetrator of a criminal offence as such. Criminal offence committed by a responsible person as a natural person is an act of damage which results in a non-contractual obligation of the responsible person to restitute damage to the injured person.
Keywords
claim for indemnification; legal person; responsible person; criminal offence; damage restitution
Hrčak ID:
131277
URI
Publication date:
22.12.2014.
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