A RECOMPESE OF A NON-MATERIAL DAMAGE (A NOTION, KINDS AND DETERMINATION OF A RECOMPENSE AMOUNT)

Abstract

We can freely say that a question of a recompense of a non-material damage is one of everlasting questions in the Law of Contract. When we are talking about a recompense of a non-material damage, the main source of legal relationships in this segment is the Statute of contractual relationships which was brought in 1978. It referred to the solutions being given by a court practice in the lack of positive regulations in this field. Opinions being connected with a recompense of a non-material damage in a legal doctrine were divided. As far as a court practice was concerned, it was quite restrictive. Today, the existence of the right to a recompense of a non-material damage is not a controversial matter either in a theory of law or a court practice. But, the question of determination of its amount as well as criteria which should be applied in the process of defining the fair amount for particular kinds of non-material damage is still disputable either in a legal doctrine or a court practice. Besides this one there have appeared some new disputable questions such as: the number of subjects having the right to a recompense, the forms of a recompense of a non-material damage, the matter of the limitation period for instituting legal proceedings and adjudging a legal interest on arrears as well as the matter of an inherited right according to a recompense of a non-material damage. In this work paper, the author contemplates all these questions not only from the aspect of “de lege lata”, but also from the aspect of “de lege ferenda”.