Indemnification of Damage Based on Compulsory and Voluntary Insurance

MSc. Arben Agushi


This scientific paper shall review the indemnification of damage, based on compulsory and voluntary insurance in theoretical as well as in practical terms of property material and personal goods, inflicted by case-insured risk. In this scientific paper, it shall be professionally attempted to scrutinize judicial and procedural issues in realization of a claim, as well as lawsuit for indemnification of damage from the insured case.

I hope this scientific paper shall be helpful to lawyers, scholars and students of law, in order to create a clearer and more punctual vision over the concepts of indemnification of damage in general, and in particular compulsory and voluntary damage which is regulated by the Law on compulsory motor liability insurance as well as by the Law on Obligational Relationships. It will also help in expanding the knowledge during the implementation in legal daily life, moreover while studies of this type were absent in our legal literature.


Extrajudicial procedure-direct claim; judicial proceedings with lawsuit; extrajudicial conciliation; the lawsuit for indemnification of damage by insured case;


Assembly of the Republic of Kosovo, Law no. 03/L-006 on Contested Procedure of Kosovo, 2008.

Assembly of the Republic of Kosovo, Law No. 03/L-008 on Executive Procedure of Kosovo, 2008.

Assembly of the Republic of Kosovo, Law No. 03/L-199 on Courts in Kosovo, 2010.

Assembly of the Republic of Kosovo,Law No. 04/L-077 on Obligational Relationships of Kosovo, 2012.

Assembly of the Republic of Kosovo, Law No. 04/L-18 on Compulsory Motor Liability Insurance, 2011.

Central Bank of the Republic of Kosovo.

Italian law of 1969.

Viši privedni sud u Beogradu, SL. 666/71 prej 25.06.1971. “ Zbornik”, nr. 2-3/71, str. 200, isti, SL. 1577/71, 14.10.1971, zbornik nr. 5-6/72 str. 425.

The Criminal Code of Kosovo, chapter 26, Criminal offences against public traffic safety, 2013.

Full Text: PDF

DOI: 10.21113/iir.v5i2.87

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