Circumstances essential for the assessment of non-pecuniary damages

The amount of compensation for non-pecuniary damage is determined by the competent court following the criteria set out in the provisions of Article 200 of the Law of Contract and Torts.

According to the provisions of Article 200 of the Law of Contract and Torts, for physical pains suffered, for mental anguish suffered due to reduction of life activities, for becoming disfigured, for offended reputation, honour, freedom or rights of personality, for the death of a close person, as well as for fear suffered, the court shall, after finding that the circumstances of the case and particularly the intensity of pains and fear, and their duration, provide a corresponding ground thereof – award equitable damages, independently of redressing the property damage, even if the latter is not awarded.

In deciding on the request for redressing nonmaterial loss, as well as on the number of such damages, the court shall take into account the significance of the value violated and the purpose to be achieved by such redress, but also that it does not favour ends otherwise incompatible with its nature and social purpose.

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Definition and characteristics of annuity

In obligation law the annuity is understood as a form of compensation for damages whose total amount is not known at the time of making the request and it shall be paid periodically in predetermined amounts. Typically material damage that will be realized in the future is compensated by annuity.

The basis for the establishment of annuity claims is contained in the realization of the objective circumstances of unexpected adverse event.

The annuity has the following main features:

Indemnity for damage for mental anguish suffered due to disfigurement

A disfigurement represent permanent change of the external appearance of a person that shall be manifested in the loss of a limb, indignity of aesthetic appearance, indignity of a body part or the impairment of a bodily function.

Disfigurement as a ground for the payment of non-material damage

Ground for indemnity of non-material damage is the mental pain because of disfigurement, and not only the existence of disfigurement without mental pain.

Whether there is any non-material damage in the form of mental pain due to disfigurement (Article 200 paragraph 1 of the Law of Contracts and Torts) shall be estimated according to objective and subjective criteria. Continue reading Indemnity for damage for mental anguish suffered due to disfigurement