INHERITANCE OF THE COMPENSATION FOR BOTH ECONOMIC AND NONECONOMIC KINDS OF A DAMAGE AND THE HEIR’S RESPONSIBILITY FOR OBLIGATIONS OF A DECEDENT IN THE SERBIAN LAW Towards the Civil Code of Republic of Serbia - Is the solution foreseen under the Articles 1

• Main Authors: Aleksandar Filipović K., Dušan Filipović A.
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2019-05-01
• Series: Pravo
• Subjects: inheritance of non-pecuniary damage; non-transferability of rights; monetary annuity; obsolescence; assignment
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/21

Problems in the application of Articles 197 and 204 of the Law on of Contract are presented in the paper. Different attitudes in legal theory and case law are presented, as well as proposed solutions in the Preliminary Draft Civil Code of Republic of Serbia. We will put forward our position on the proposed solutions in the Pre-Civil Code of the Republic of Serbia. In the legal theory and jurisprudence, the question arises whether the solution is provided for in Articles 197 and 204 of the Law on Obligations. Problems have been raised regarding the determination of the amount of non-pecuniary damage, when part of the non-pecuniary damage is paid out-of-court procedure, and the injured person files a lawsuit to collect the difference of non-material damage to the court, the court proceedings take several years. How to determine the fair incidence of non-pecuniary damage at the time of passing a judgment?