Damage is one of the most common sources of the oblitaions. The damage is regulated by the provisions of the Law of Obligations.
According to the general definition, damage is the reduction of one’s property (ordinary damage) and the prevention of its increase (lost benefit), as well as the infliction of physical or psychological pain or fear on another (non-material damage). From the mentioned definition, we can draw the conclusion that there are three types of damage, namely: ordinary damage, lost benefit and non-material damage.
The person who caused the damage is responsible for the damage, unless he proves that the damage occurred without his fault. There are situations when one will be liable for damages regardless of the existence of fault. Such a case does not exist if the damage is caused by the use of things or activities from which there is an increased risk of damage to the environment or if such type of liability is provided for by law.
The law recognizes two forms of guilt: intent and negligence. Whether the damage was done intentionally or due to carelessness, there will be obligations of the damager to compensate for the damage caused.
There is a circle of persons who cannot be held responsible for damage, namely persons who, due to mental illness or retarded mental development or for some other reasons, are not capable of reasoning, as well as persons who caused the damage through the fault of others, in which case the person who brought him to such a state.
