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"Our protection is not in our weapons, nor in science, nor in hiding.
Our protection is right and the law "Albert Einstein

Compensation of damage in Bosnia and Herzegovina - Areas of professional involvement

 

One of many sources of obligations is to cause a damage, which can be material and non-material damage.

The law in Bosnia and Herzegovina defines the damage as a reduction in someone's property (ordinary damage) and the prevention of its increase (loss of benefit), and the infliction of another physical or psychological pain or fear (non-material damage).

 

According to the Law on Obligations (art. 200), for physical pain sustained, for the suffering of mental illness due to the reduction of life activity, impairment, violation of reputation, honour, freedom or right of personality, death of a close person as well as for fear, the court will, if it finds that the circumstances of the case, and in particular the severity of pain and fear and their duration justifies it, award a fair monetary compensation, irrespective of the material damage compensation, as well as in its absence.
When deciding on a claim for compensation for non-material damage, as well as on the amount of compensation, the court will take into account the significance of the injured property and the purpose for which the compensation will serve, but also that it is not used for purposes that are incompatible with its nature and social purpose.
The injured party exercises his/her right to compensation of non-material damage by initiating proceedings before a competent court in Bosnia and Herzegovina.

 

Responsibility of several persons for the same damage
Joint and several liability (ZOO 206) (1) All participants are jointly and severally liable for the damage caused by several persons together. (2) The instigator and assistant, and the one who helped in hiding the responsible persons, will be severally responsible. (3) Also persons acting independently of each other in causing damage will be jointly and severally liable for the damage caused if their shares in the caused damage cannot be determined. (4) When there is no doubt that the damage was caused by one of two or more certain persons who are in some way connected with each other, but it cannot be determined which of them caused the damage, these persons are jointly and severally liable.
Joint and several liability of the contracting authority and contractor (ZOO 207) The contracting authority and contractor on real estate will be jointly and severally liable with the third party for the damage incurred in connection with the execution of those works.


Payer's Compensation (ZOO 208) (1) A joint debtor who pays more than his share of the damage may ask each of the other debtors to compensate for what he has paid for him. (2) The amount of the share of each individual debtor shall be determined by the court in the light of the gravity of his guilt and the severity of the consequences arising out of his actions. (3) If the debtor's shares cannot be determined, each obtains equal share, unless fairness requires that in the given case a decision be made otherwise.

 

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