Orijentacijski kriteriji Vrhovnog suda Republike Hrvatske u kontekstu primjene zakona o obveznim odnosima
Orientational criteria of Croatian Supreme Court in application of Law on obligation

Summary/Abstract: This work is devoted to the analysis of the applicability of Orientation Criteria of Croatian Supreme Court from 2002. on determining compensation for non-material damage by the Law on Obligations from 2005. When Law on Obligations (2005) came into force, it essentially changed the system of compensation for non-material damage in such a way that instead of the subjective concept of non-pecuniary damage, it introduced an objective concept of non-pecuniary damage. Although the Orientation Criteria of Croatian Supreme Court were issued at the time of application of the Law on Obligations from 1978, and were adjusted to solutions of that particular law, the above mentioned legislative change was not accompanied by a change in the criteria itself. Since the Orientation Criteria by its structure, recoverable damage sand the general idea follow solutions of Law on Obligations from 1978, a question is being raised whether they can be applied without adjustment to the new significantly changed legislative, especially in terms of legal certainty and equal application of the law, and does it represent a certain ballast in the initiated process of acceptance and development of the modern concept of non-pecuniary damage in the Republic of Croatia based on personality rights, which is analyzed in this paper.

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