The prerequisites and the entire scope of the liability for damages are stipulated in article 361 of the Civil Code. Paragraph 1 of this provision states that a person obliged to pay compensation is liable only for normal consequences of the actions or omissions from which the damage arises. Whereas, paragraph 2 specifies that unless otherwise provided for by an act of law or an agreement, the remedy od damage covers the losses which the aggrieved party has suffered, and the benefits which it could have obtained had it not suffered the damage (so-called “full compensation” rule).
The following aspects are relevant in handling cases concerning damages.
- Determining the actual entity obliged to pay the damages (it is not always the perpetrator of the damage – e.g. a parent is liable for and obliged to pay the damages for the child who actually caused the damage)
- Determining the normal consequences of the actions or omissions (in practice it means indicating a cause-effect relation occurring between the action or omission and the damage caused)
The above aspects must be determined in each and every case, but the damages itself can occur in different forms. The most popular are those on the basis of OC (Liability Insurance), AC (Breakdown Cover Insurance), life insurance or accident insurance.
CGO Legal law firm deals with cases concerning damages comprehensively – we determine the adequate legal status of the factual circumstances, assist in gathering the necessary documentation and in assuring the obliged person remedies the damage caused.