ЗАСТАРЕЛОСТ ПОТРАЖИВАЊА НАКНАДЕ ШТЕТЕ ПРОУЗРОКОВАНЕ КРИВИЧНИМ ДЕЛОМ
PRESCRIPTION CONCERNING DAMAGES CLAIMS IN CASE OF DAMAGE CAUSED BY A CRIMINAL ACT

Summary/Abstract: Two questions are in the main focus of this paper. Firstly, whether the prolonged prescription period in case of damage caused by a criminal act (Art. 377, para 1, Serbian Law on Obligations) runs solely against a wrongdoer, or also against a person who is vicariously liable for damage caused by the wrongdoer. Secondly, whether civil courts may decide on the existence of a criminal act as a preliminary issue or not, and if they may, under what conditions. The practice of national courts with respect to these issues is unsettled for the past sixty years, and the national Civil Code Drafting Commission has not, as yet, put out a final proposal of a rule on prolonged prescription period. On the first matter, the author offers linguistic, historical, functional, economic and other arguments supporting the idea that the extended prescription period should run both against the wrongdoer who has caused damage by performing a criminal act, and against person liable for the consequences of the wrongdoer’s actions, irrespective of grounds of their civil liabilities.

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