LOWERING OF THE DAMAGE’S COMPENSATION ACCORDING TO THE REGULATIONS OF THE ARTICLES 191. AND 205. OF THE LAW ON OBLIGATORY RELATIONS AND THE ATTITUDE OF THE COURT PRACTICE

Abstract

The article 191. of the Law on obligatory relations from 1978. year predicts in which cases the lowering of the compensation can be done in comparison with the height of the caused damage. The article 191. of the Law on obligatory relations from 1978. points to the exceptions from the damage’s compensation on the basis of the principle of the common contribution value. This article considers the proprietary situation of the damaged person, the proprietary situation of the person who caused the damage, the degree of diligence and the degree of the guilt of the person who caused the damage and the other circumstances of the case. All these belongs to domain, so-called, distributive justice and the exception in relation to application, so-called, commutative justice during estimating the amount of the compensation in the height of the damage’s amount which is caused by the person who caused the damage.