Tort law at Bosnia and Herzegovina
Tort law in Bosnia and Herzegovina is primarily governed by the Law on Obligations (Zakon o obligacionim odnosima), which provides a comprehensive framework for civil liability, encompassing both material and non-material damages. This legal structure is influenced by the country's complex political and legal system, comprising two entities: the Federation of Bosnia and Herzegovina and Republika Srpska, each with its own legal institutions and regulations.
⚖️ Legal Framework
Law on Obligations: This law outlines the general principles of civil liability, including the conditions under which a party may be held liable for damages caused to another.
Civil Code Provisions: Specific articles within the Civil Code address various aspects of tort law, such as the definition of damage, liability for harm caused, and the types of damages that may be compensated.
🧾 Types of Damages
Material Damage: Compensation for actual financial loss incurred due to the tortious act, including:
Existing Damage (Damnum Emergens): Direct loss or damage to property.
Lost Profit (Lucrum Cessans): Potential earnings that the injured party could have reasonably expected to gain.
Non-Material Damage: Compensation for non-economic harm.
Physical Pain: Suffering resulting from bodily injury.
Mental Anguish: Emotional distress caused by the tortious act.
Loss of Reputation: Damage to one's honor or dignity.
Fear: Psychological impact due to the threat of harm.
Death of a Close Person: Emotional distress caused by the loss of a loved one.
🧑⚖️ Liability and Compensation
Joint and Several Liability: When multiple parties are responsible for the same damage, they may be held jointly and severally liable. This means that each party is individually responsible for the entire amount of damages, regardless of their share in the fault.
Compensation for Medical Treatment: Individuals suffering bodily injury are entitled to compensation for medical treatment costs, lost earnings during recovery, and any permanent incapacity resulting from the injury.
Periodic Payments: In cases of permanent incapacity to work, compensation may be awarded in the form of periodic payments, reflecting the ongoing nature of the loss.
⏳ Limitation Periods
The Law on Obligations sets forth specific limitation periods within which claims for damages must be filed:(HG.org)
General Claims: Claims for damages must be initiated within a certain period from the date the injured party becomes aware of the damage and the liable party.
Contractual Claims: Claims arising from contractual obligations have specific limitation periods, typically ranging from three to five years, depending on the nature of the contract and the applicable legal provisions.
🏛️ Judicial System and Enforcement
Bosnia and Herzegovina's judicial system is characterized by a dual structure:
Entity-Level Courts: Each entity has its own judiciary, including courts that handle civil matters such as tort claims.
State-Level Court: The Court of Bosnia and Herzegovina, established in 2002, serves as the highest ordinary court in the country. It has jurisdiction over certain cases, including those related to state-level laws and constitutional matters.
The judicial system faces challenges such as case backlogs and prolonged processing times, which can affect the timely resolution of tort cases. Efforts are ongoing to reform and improve the efficiency of the judiciary to better serve the public and uphold the rule of law.
🏥 Medical Liability
In the field of medical law, Bosnia and Herzegovina faces challenges related to medical liability, including:
Lack of Clear Criteria for Medical Experts: There are no standardized procedures for selecting medical experts, leading to inconsistencies in expert testimony.
Absence of a Unified Medical Liability System: The country lacks a comprehensive system for addressing medical errors, resulting in increased litigation and defensive medical practices.
Need for Compulsory Medical Liability Insurance: Introducing mandatory insurance for healthcare providers could help mitigate the financial impact of medical errors and improve patient safety.
📝 Summary
Bosnia and Herzegovina's tort law, as outlined in the Law on Obligations, provides a framework for compensating individuals harmed by the actions of others. While the legal provisions are comprehensive, the effectiveness of tort law is influenced by the country's complex legal system and ongoing judicial reforms. Addressing challenges in medical liability and improving the efficiency of the judicial system are crucial steps toward enhancing the protection of individuals' rights and ensuring fair compensation for damages.
RELATED Blog
0 comments