Future damage and the possibilities of its compensation

• Main Author: Matijević Berislav
• Format: Article
• Language: English
• Published: Union University, Faculty of Law, Belgrade 2018-01-01
• Series: Pravni Zapisi
• Subjects: damage; future damage; material damage; non-material damage; future damage compensation
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/2217-2815/2018/2217-28151802324M.pdf

This paper is dedicated to the interpretation of one specific form of civil damage: future damage. The author starts from the notion of damage in the sense of civil law, by distinguishing the notion of material and non-material damages in the sense of the Civil Obligation Act, citing than the other criteria for classifying the damages in civil law, where special attention is dedicated to the criterion of probability of damage occurrence, which ranges from the time of damage occurence to the termination of the harmful consequences. According to the above mentioned criterion, the damages are divided into existing, future and unpredictable damages. Thereby this paper particularly points out the dualism that exists in the category of future damages, which divides them into those future permanent and those foreseeable in the future. The final part of the paper deals with the issue of compensation for future damages, separately from the point of view of material damages, and separately from the point of view of non-material damages. Concluding reflections are de facto dedicated to the criticisms of the current situation in the matter of compensation for the future permanent non-material damages.