Aktivna i pasivna legitimacija u sudskom postupku kada je trećem oštećenom licu prouzrokovana šteta od strane dva ili više motornih vozila

Abstract

The paper summarizes the problem of persons having an active or passive legitimation in a court proceedings when the damage has been caused to the third person by two or more motor vehicles. Today, there are countless examples of traffic accidents involving two or more motorized vehicles. In such traffic accidents, both intangible and material damage has been caused to the third persons, so the following question arises: which persons are entitled to the compensation for non-pecuniary and pecuniary damage and from whom they have the right to seek such damages. The injured parties most often file a complaint against the insurance organization and responsible person. During the course of the trial, the Prosecutor often submits the submissions altering the lawsuit in a subjective or objective ways. In this paper, we pointed out the different attitudes of the court practice regarding the objective and subjective alteration of the lawsuit. Also, we answered the question: whether the respondent insurance organization and responsible person are unique rivals or whether they are ordinary rivals. In the paper, we proposed the amendment of Article 201 of the Law of Contract and Article 201 of the Civil Procedure Law. In this way, we would avoid issuing different judgments on the same issue.