1. Naknada štete prouzročene izvanrednim događajima.
- Author
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Marušić, Moreno
- Subjects
- *
TERRORISM , *LEGAL liability , *OBLIGATIONS (Law) , *POLITICAL crimes & offenses , *CONSTITUTIONAL law , *JUSTICE administration , *TERRORISTS , *WAR (International law) , *PUBLIC demonstrations - Abstract
In this paper the material of responsibility of the state for the damages caused by terrorist acts, public demonstrations and manifestations has been presented. The article 180. of Contractual obligations act has been for many years the ground for this responsibility. According that article, the state was in obligation to repair this damage no matter the amount or kind of the damage. In 1996. the Act for changing the Contractual obligations act has erased article 180. and the court proceedings have been stopped. The reason for that were many charges brought against the Republic of Croatia for repairing this damage which also represented an enormuous economic weight against its budget. In 2003. a new act has been brought by the name an Act which regulates the responsibility for the damage caused by terrorist acts and public demonstrations. That act substituted article 180. of Contractual obligations act and the court proceedings continued. That act also made some changes in the system of state's responsibility for the damage caused by this events because that responsibility was now restricted regarding the amount and the type of damages. Because of that, many damaged persons were now left without any reparation or that reparation was decreased. Many of this events happened during the National war. That is a very important fact because the courts also found that some of this events can be regarded as war damage. The state is not responsable for war damage and that means that this courts attitude and the new law were a huge regress for the damaged persons. [ABSTRACT FROM AUTHOR]
- Published
- 2007