Afekciona vrednost stvari i osiguranje imovine

Abstract

Determining the amount of compensation according to the value that this subject has for the damaged party, if it was damaged or destroyed by an intentional criminal act is based on 189(4) of the Law on Obligations. This represents one of the key exceptions from the general rule based on the objective understanding the civil culpability in our tort law. Although it enjoys a long tradition, its interpretation and application creates a series of dilemmas in the legal doctrine and practice of domestic courts. Among them, the key question is whether it is about a special base for measuring compensation for non-patrimonial damage or it is basis for special pretium affectionis as a way of measuring the amount of compensation for patrimonial damage, which carries a subjective connotation. Only a few scientific works in our doctrine of tort law have been devoted to this issue in fragments. Moreover, these problems have not been observed in the context of property insurance yet. Thus, the author tries to examine the ability of insurance the market to meet the needs of special user requests, when it comes the need to insure from theft and robbery not only valuable and rare things that has cultural and historical importance and collectibles, but also subjects to which the owners are particularly emotionally attached such as pet, personal correspondence, letters, and awards for various achievements or family photos