Mjerodavno pravo za rješavanje zahtjeva za naknadu štete iz saobraćajnih nezgoda sa posebnim osvrtom na subrogaciju
Applicable Law for Damage Settlement Arising from Traffic Accidents with Special Review on Subrogation

Summary/Abstract: Question of choice for applicable law is of great meaning for participants in road accidents since it is used to determine grounds for complaints, extent of damage, amount of damage and so on. In case this option is delegated to states so that in in accordance with their ow law they can independently solve questions related to applicable law, it could lead to legal uncertainty and therefore imposes a great need to create an unique model which will determine applicable law on international level. This approach will lead to general overview of existing law, as well as help us in developing new knowledge in domain of determining of applicable law for damage compensation from traffic accidents, with respect of subrogation delivered from this process. The result of effort of crossborder conflict of law matter unification for traffic accidents is Hague convention on the law applicable to traffic accidents from 1971. It is used in determining applicable law for civil, non-contractual responsibility for damage in cross-border road accidents and it is also part of our international private law. This matter is again actualized in context of law unification in European Union. To this end Rome II Regulation on the law applicable to non-contractual obligations as well as directives relating to insurance against civil liability in respect of the use of motor vehicles was accepted. However, contrary to the aim, Hague convention is still being used in European Union member states who are signatories of this convention because it is allowed by Rome II. Provisions for noncontractual responsibility and public order of PIL Act BH are quite generalized. It is considered that there is a need for advancement in this filed, and in the menawhile they could be interpreted in light of appropriate provisions of Hague convention and Rome II. Question of subrogation is complex one and, in general, it creates a considerable problem, mostly due to the lack of clear and understandable legal regulation on domestic and international level. As the result of it, there is “ramble” and uneven jurisprudence.

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