The judgment of the Supreme Court commented on here was devoted to the limitation of claims. One of the members of the partnership (the general partner) violated the non-competition clause and caused ...damage to the partnership. Another member (the limited partner) sued him for compensation for this damage. The Supreme Court adopted a resolution specifying the beginning of the limitation period for a claim to redress the damage caused. The legal assessment of the Supreme Court is correct. If the violation of the prohibition of competition consists in repeated behaviour, the claims of a partner provided for shall expire after six months from the date when all other partners became aware of the violation, but not later than after three years, counted separately for each behaviour.
With regard to the legal regulation of the shipowner’s civil liability for damage caused by the death and personal injury of a crew member in various national legislations, although they are based on ...different legal traditions, their common feature is that the status of seafarers in most of these countries is regulated separately from the status of transport workers and other professions on land. Croatian seafarers sail on Croatian ships registered in the national register of ships, as well as on ships under the flags of other countries, sharing thus the fate of more than two and a half million seafarers from more than eighty maritime countries in all seas and oceans of the world. It is necessary to emphasise that for all these seafarers, the important legal framework is provided not only by the regulations of the State of their citizenship or their residence, but also by the law of the flag State of the ship, the port State where the ship enters, and the State where the shipowner is based. Having in mind that these countries in many cases belong to the Anglo-American legal area, causing the application of their legal regulations in court proceedings for compensation of damage to seafarers of all nationalities, including Croatian nationality, the paper presents some of the most important legal solutions of common law systems.
Razvojem sporta, a ujedno i sportskog prava, odštetna odgovornost postaje njegov sve značajniji dio. Posljedica je to rastućih sportskih ambicija i pomicanja fizičkih granica u sportu, koje za ...sudionike rezultiraju i većim rizikom od ozljeda, ali ujedno i sve potpunije i detaljnije pravne regulacije u sportu – koja onda rezultira i odgovornošću svakog onog koji ta pravila povrijedi. Autorice su u radu predstavile pravni okvir odštetne odgovornosti kao izuzetno važnog dijela sportskog prava u Republici Hrvatskoj.
With the development of sport, and at the same time sports law, liability for damages is becoming an increasingly important part of it. This is a consequence of growing sports ambitions and shifting physical boundaries in sports, which results in greater risk of injury for participants, but also of more complete and detailed legal regulations in sports - which then results in the responsibility of anyone who violates these rules. In this paper, the authors present the legal framework of liability as a exceptionally important part of sports law in the Republic of Croatia.
The paper deals with the Croatian legal framework regulating civil liability for damages caused by personal injury, health impairment and loss of life of seafarers. Although the basic rules ...concerning the basis of liability, circle of liable persons and applicable law are provided by the Maritime Code of the Republic of Croatia, when it comes to regulations on various types and amount of compensation for damages suffered by crew members, the relevant provisions are contained in the Civil Obligations Act. The first part commences with the overview of the types of compensation, which are natural restitution, monetary compensation and satisfaction, it continues with analysis of legal solutions for cases of compensation for property damages caused by death, personal injury or health impairment of crew members, as well as rules relevant for compensation for non-property damages, which are manifested as physical pain, mental anguish or suffered fear. In the final part, paper focuses on the issues on amount of compensation and its limitations, elaborating concepts of contributory liability, deductions of advance payments and insurance indemnity, payment of interest and statute of limitations.
The dynamic development of new technologies and treatment methods often goes hand in hand with increased risk of causing injury to the patient. Personal injury in such cases is often not related to ...the medical staff violating principles of medical knowledge, but results from defects of medical equipment, of medical devices or of medicines. The purpose of this paper is to demonstrate how such injury may be compensated when the medical staff act in compliance with medical knowledge and the injury suffered by the patient resulted from defectiveness of medical equipment that uses ICT.
El artículo trata diversas cuestiones de relevancia que, en materia de prueba del nexo causal en la responsabilidad por daños producidos por medicamentos y productos sanitarios defectuosos, han sido ...abordadas recientemente por dos sentencias; una del Tribunal de Justicia de la Unión Europea, y otra de la Sala de lo Contencioso-Administrativo de la Audiencia Nacional. Ambas resoluciones sientan principios que pueden servir de referente en las reclamaciones que se presenten ante los tribunales españoles. This paper study some relevant issues in terms of proof of the causal link in the liability for damages caused by defective medicines and health products that have recently been addressed by two important judgments. The first one from the Court of Justice of the European Union, and the other one from the Contentious-Administrative Chamber of the Spanish National Court. Both resolutions set out principles that can serve as a reference for Spanish judges.
The March Constitution was one of the first in Europe to introduce an innovative regulation of the institution of state liability for damages. The provision of Article 121 of the Constitution raised ...this legal institution to the rank of a constitutional principle. However, the constitutionalization of the citizens’ right to compensation for damages resulting from unauthorized or otherwise deleterious activity on the part of the authorities turned out to be insufficient. Despite sufficient grounds for the compensatory liability of state authorities in case of their unlawful actions or failed duties of service, the prevailing view in doctrine and jurisprudence was that Article 121 of the Constitution was only a programmatic norm. Even if in practice it became only a “dead letter of the law”, it played a key role in shaping the institution of the state’s liability for damages in Polish law in the 20th century.
The co-authors in this paper highlight two interesting cases of contractual football law in which the UEFA (Curtois case) and the Commission for certifying registration of clubs and players HNS ...(Muric case) obviously overstepped their powers and the fundamental rules of domestic and foreign contractual law. Following such action, considerable damages occurred particularly in the Curtois case. The co-authors analyse whether liability for damages occurred in these two cases which belong to classic contractual relations between clubs and players.
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