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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. 37 No. 1, 2016.

Original scientific paper

https://doi.org/10.30925/zpfsr.37.1.6

FUNCTIONS OF FAIR MONETARY COMPENSATION IN CROATIAN TORT LAW

Maja Bukovac Puvača ; Pranvi fakultet Sveučilišta u Rijeci

Full text: croatian pdf 349 Kb

page 155-173

downloads: 1.679

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Abstract

In the Croatian legal system, reparation of harm is recognized as the primary and exclusive function of liability for damages. Therefore, on the normative and theoretical level, material satisfaction is considered as the only function of fair monetary compensation and a kind of reparation of non-pecuniary damage. Such an approach, however, does not answer the question what function this compensation has in the case that the injured party cannot experience satisfaction. In this paper, it is pointed out that some other functions of liability for damage are recognized in comparative law and in case law fair monetary compensation is seen as a form of recognition of injured parties rights. The author concludes that there is no reason for this not to be the same in the Croatian law, especially after the adoption of the objective concept of non-pecuniary damage in which legal persons are entitled to a fair monetary compensation, also.

Keywords

functions of tort law; non-pecuniary damage; fair monetary compensation; satisfaction; reparation of damage

Hrčak ID:

160488

URI

https://hrcak.srce.hr/160488

Publication date:

11.4.2016.

Article data in other languages: croatian

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