Obsolescence of Claims for Damages Cover Image

Zastarelost zahteva za naknadu štete
Obsolescence of Claims for Damages

Author(s): Irina Šolaja
Subject(s): Criminal Law, Civil Law, Public Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: objection of obsolescence; lawsuit for finding; compensation of damages; criminal offense; war crimes;

Summary/Abstract: The paper first analyzes elements of the obsolescence that is different from the obsolescence applied in the proceedings in which the state appears as one side. The attention is then focused on the obsolescence of claims for damages as the central content of the paper. Firstly, the claim for damages caused by a delict is investigated and the true meaning of the conditions and deadlines for the realization are stated. Afterwards, the text deals with the specificity of the claim for compensation of damage when caused by a criminal offense, and a special review was carried out on offenses that do not become obsolete. In relation to the above, different procedures of the courts in Republika Srpska and the Federation of Bosnia and Herzegovina are presented. In ultima linea, the author directed the consideration of the compensation for damages caused by the violation of the contractual obligation through its refinement in the court practice. The aim of the paper is to present the institute of obsolescence of claims for compensation of damage and to point out to the significant role of courts that do not observe ex-officio liabilities on the obsolescence of claims, but whose interpretation of the (different) content of the same provisions determines their final true meaning in legal transactions.

  • Issue Year: 11/2018
  • Issue No: 21
  • Page Range: 195-217
  • Page Count: 23
  • Language: Serbian