COMPENSATION FOR NON-PROPERTIED DAMAGES

Abstract

While damages to property can legally be shown in a form of taking away, destroying or deteriorating some property or in a form of its reduction or prevention of its being increased, the non-propertied of ideal damage refers to the personal integrity of the damaged person. The Law of Contract determines the non-propertied damage as causing someone physical or mental suffering or fear. The right of redress for non-propertied damages is anticipated for damages for bereavement or physical suffering caused by the individual right violation, the reduction of life activities, having some deformity, being insulted, freedom violation, an intimate person`s death or his/her particularly hard invalidity, then in the case of the criminal act against personal and moral dignity, previously endured and future physical suffering as well as previously caused and future fears. In the field of non-propertied damages the main compensation result is giving some sort of satisfaction regarding the fact that the complete and real reestablishment of the previous status is most often impossible. The way of giving satisfaction depends on the kind of non-propertied damage. Generally speaking, satisfaction can be determined to be paid in kind or money. According to the fact that judges do not possess professional medical knowledge and having in mind the specific legal proceedings in the case of adjudging the compensation of the non-propertied damages, the role of an expert is of the key importance in establishing the main facts referring to assessing the damage.