Non-pecuniary damage and its compensation

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F20%3A10411218" target="_blank" >RIV/00216208:11220/20:10411218 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
Non-pecuniary damage and its compensation
Original language description
The article is an analysis and solution of some basic issues of damages for personal non-pecuniary damage against the background of German and Austrian law. It defines the concept of non-pecuniary damage and concludes, that although under the Civil Code non-pecuniary damage is formally in a worse position than pecuniary damage, as it is limited by a general clause to specific provisions of the law, these provisions are so extensively and flexibly formulated that discrimination of damages for non-pecuniary damage actually does not exist. Mental pain -as a result of the fact that law defined some of its forms - is also a full-fledged part of the category (concept) of pain and equal to physical pain, as a compensable item of non-pecuniary damage. Non-pecuniary damage in the form of personal injury can usually be largely restored, and thus monetary compensation is pushed out. Finally, the article defines and categorizes the basic factors that should be taken into account when assessing the extent of monetary compensation for non-pecuniary damage, especially in the form of pain, and prefers objective approach in this procedure, which can be subjectivized regarding to the exceptional nature of each case.
Czech name
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Czech description
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Project
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Continuities
I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year
2020
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

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