Pravne posljedice poistovjećivanja isplate osigurane sume i vanugovorne naknade štete
The Legal Consequences of Identifying the Payment of the Insured Sum and the Non-Contractual Damages

Summary/Abstract: The paper analyzes the payment sum insured and non-contractual damages. These institutes look the same, and it comes to identifying these institutes. The distinction is reflected primarily in the basis for claiming payment of the sum insured, the insurance contract, and is the basis for the payment of non-contractual damages usually tortuous event. Legal consequences of indiscrimination from these institutes are reflected in the civil proceedings on the basis and the height of proof of the claim request. Thus, nondiscrimination affects on the most important issues in the lawsuit. Besides the impact on the principal demand, non-discrimination affects the legal interest. The significance of the distinction is reflected in the cases with an international element, which indicates the consequences of illegal conduct. In cases with an international element, the consequences can be not only an illegal decision on the merits, but also the decision on jurisdiction. Illegal decisions in cases with an international element affecting the position of justice at the international level.

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