Stručni rad
Liability for Damages Caused by Illegal or Irregular Performance of Judges
Jadranko Jug
; Vrhovni sud Republike Hrvatske, sudac
Sažetak
The author in the article analyses a special type of liability for damages, the Republic of Croatia liability for damages due to illegal or irregular performance of judges. Except from general and special requirements which have to be fulfilled for damage liability, a case in question has to involve the illegal or irregular actions executed by judges. In such cases, the liability for damages of the Republic of Croatia is primary and exclusive. Therefore, the main issue in damage liability cases is to establish the illegal or irregular performance of judges in each individual case. According to the current court practice, the liability for damages has been determined by subjective criteria, i.e. the guilt has been one of the preconditions used to impose liability for damages. Although there are authors who uphold the implementation of objective criteria to determine this special type of damage liability, it is highly unfounded to conclude that the illegal or irregular actions of judges consist of taking the legal standpoint and implementing the procedural and material provisions in specific proceedings.
Ključne riječi
illegal or irregular performance of judges; liability for damages; legal standpoint or legal opinion
Hrčak ID:
87758
URI
Datum izdavanja:
16.4.2012.
Posjeta: 8.537 *