FORMS OF REDRESS FOR DAMAGE Cover Image

ОБЛИЦИ НАКНАДЕ ШТЕТЕ
FORMS OF REDRESS FOR DAMAGE

Author(s): Mirsa Mijačić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу

Summary/Abstract: 1. Code of Obligations, from 1978, prescribes the folowing forms of compensation of damage; when material damage is concerned it is restoring of the previous state and pecuniary reparation, and when consequential damage is concerned it is pronoun¬cing of judgement or rectification and pecuniary reparation.2. When material damage compensation is concerned there is rule on restoring the previous state, that is the state of the property of the injured person that had existed before the damage was made. That is to be done by so called natural restitution that is, repairing objects, generic restitution or individual restitution. If natural restitution is not satisfactory, or it is not possible to be done, or it is not the necessary one by court estimation, then it is the court that will order the person responible for the damage made, to pay the injured person equivalent sum of money for the damage made.3. When consequential damage compensation is concerned there are two forms, as well. Firstly, when there is a case of infringment of rights of a person, the court may order, to the expense of the person responsible for the damage made, the sentence to be pronounced, namely rectification, or it may order the person to retract the statement by which the infringement was done, or to do something else by which may be realized the intention thet is to be obtained by compensation. The second form of the compensation is pecuniary reparation or satisfaction. Satisfaction, however, does not exclude claim for pecuniary satisfaction, provided that the damage has caused spritual anguish.

  • Issue Year: XXXII/1993
  • Issue No: 32-33
  • Page Range: 21-31
  • Page Count: 12
  • Language: Serbian