Treatment of Damages and Remuneration Practice in Compulsory Insurance Contract in Transport Sector

Juliana Bylykbashi, Enkelejda Softa (Metaliaj), Ilda Mucmataj


Due to the dangerous nature of having and using motor vehicles, due to the frequency and intensity of damages caused by them, considered as source of danger, taking account the need to protect the interests of the thirds frequently threatened by road accidents, regarding the value, procedures and the reasonable necessary time to indemnify them, and in order not to impede the free movement of people and goods unreasonably because of road accidents, the legislator has approved a special legislation for insurance of civil responsibility of holders of motor vehicles towards the thirds. One of the fundamental principles of cohabitation in human society is the prevention to cause damage to someone else (alterum non laedere ose neminem laedere). Its application is provided in Civil Code, and especially in the provisions on civil extra-contractual damages, provided by articles 608 and its followings. Basing on this responsibility, known as “akuilian responsibility” (lex Aquilia de damno), “each one who violates the legal rights and interests of another one, has to indemnify him. Through indemnity it is exactly aimed to establish the injured one back (restitutio in integrum) to his previous situation (status quo ante), where he would be if the illegitimate fact did not happen. The unifying Sentence of United Colleges of Supreme Court of 12.09.2007, gave to the non-pecuniary damage category a new dimension, placing along with the moral damage part (non pecuniary nature of which is already consolidated) the existential damage part as well and the biological damage too. In function of security guarantee, of stability and uniformity of trial, to determine the grade of health harm and the respective extent of indemnity, in principle, the courts and experts refer to the table technical requirements, provided for this purpose, or for similar situations, in normative acts. The purpose of this paperwork is analyzing and treatment of damages coming from insurance contract of compulsory insurance in transport sector, the profiting subjects and the subjects obliged by law and the way of indemnification and the calculation of any damage caused because of an illicit fact.

DOI: 10.5901/ajis.2015.v4n2s2p72

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