Reflections on liability and full reimbursement of “restituito in integrum” damage in insurance

Abstract

The institute of civil liability in most of the legal systems is mainly oriented towards compensation of damages, which is the main objective. The feature of civil liability is to restore, as precisely as possible, the impaired balance and restore the injured party to the state he would be, if it had not been for the act that harmed him. The existence of civil legal liability for damage caused is an important segment in the context of ensuring a higher level of protection of human rights, legally protected. The state must guarantee not only the constitutional rights of the individual, but also the right to be rewarded, in case anyone trespasses or violates them, guilty or not. Being a constitutional right (Article 44 of the Constitution of the Republic of Albania) rehabilitation or indemnification in accordance with the law, Restituito in integrum aims to restore the former condition of the injured party, as far as possible, through rehabilitation and, if this is not possible, convert this condition into monetary and indemnity. If we refer to the Albanian case law, there have been many cases in the insurance field that have been controversial by the courts of some levels, which relate precisely to the elements of civil liability and damages. This study will focus on and analyze some litigation related to the application of the terms of civil liability and damages, in terms of non-contractual damages. In view of the problems encountered in law enforcement in practice, the question rightly posed is whether: in Albanian case law has it been possible to have a "restituito in integrum" and satisfy the injured party or parties?.