Review article
Future Damages
Jadranko Jug
; Vrhovni sud Republike Hrvatske
Abstract
This paper considers the issues related to compensation for damage which will occur in the future. In contrast to existing damage, where the damage has already occurred on the basis of a specific cause or harmful event, in the case of future damage, only its cause has occurred, but the damage itself has not yet occurred. Future damage may be uncertain, but it may also be completely certain that it will occur in the future. There are particular dilemmas relating to the legal nature of future damage, which will certainly occur successively in the future, that is, whether it is a case of occasional claims or when the statute of limitations expires on such claims. Future damage may be material or non-material, but as a rule the most questions arise regarding future material damages, for which the Civil Obligations Act prescribes the possibility of claims for compensation in the form of an annuity. One of the questions which arises in case law relates to whether it is possible to claim compensation for certain future damage, for which it is prescribed that it is to be realized in the form of an annuity, and by individual actions for a specific past period of time.
Therefore this paper considers all the questions relating to the type, legal nature, possibility of realization and the statute of limitations on future damages. The basic method of this study is an analysis of and research into case law, that is, the decisions of the Supreme Court of the Republic of Croatia, relating to claims for compensation for future damage, and the aim and purpose of the paper is to resolve the existing dilemmas relating to realization of compensation for future damage.
Keywords
compensation for damage; future damage; lost earnings; nursing care and assistance; the statute of limitations on compensation for future damage; occasional claims
Hrčak ID:
141258
URI
Publication date:
13.4.2015.
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