Non-material damage shall be charged in case of violation of an individual rights. It can be consisted in a monetary and non-monetary indemnity.
According to the provisions of Article 200 of the Law of contract and torts money indemnity for non-material damage is defined as a ’’equitable money indemnity’’.
Money indemnity for non-material damage is not intended to monetary reparation of something which a person sustaining loss lost (suffered physical and mental pain or fear) but that a person sustaining loss for awarded financial amount can obtain to himself the satisfaction (moral or material), which on the best way allow him to establish the disturbed mental balance.
Non-material damage – forms of indemnity
By the provisions of Article 155 of the Law of contract and torts non-material damage is defined as causing to other physical or mental pain or fear without reference to the personal rights.
The rights of personality are mentioned in the provisions of Article 199 (’’ In case of violation of an individual right, the court may order…’’) and Article 200 paragraph 1 (’’ 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…’’) of the Law of contract and torts.
According to the provisions of the cited two articles of the Law of contract and torts non-material damage can be compensated in a non-money form (Article 199) and in a money form (Article 200).
In addition to the difference in the form in which it awards (material and non-material) the essential difference between these two types of non material damage is that is at the non-money form injured person must prove only a violation of some of the rights of personality, whereas in material form a person sustaining loss shall in addition damage upon personal good, to prove the consequences that occurred from that injury (physical or mental anguish or fear).
Non-material damage – forms for which can be paid equitable money indemnity
The Law of contract and torts has exhaustively regulated forms of non-material damage for which the money indemnity can be awarded.
Physical pain and fear are regulated generally, because the provisions of Article 200 paragraph 1 of the Law of contract and torts don’t regulate individual cases which cause physical pain and fear, unlike the equitable money indmenity for non-material damage for mental anguish which can be awarded for exhaustive mentioned cases.
The mental anguishs aren’t independent form of non-material damage (Article 155 of the Law of contract and torts).
The mental anguishs are the criteria on which the Court assesses whether they have such intesity and duration that represent base for the indemnity for non-material damage, and non-material damage is violation of any of the personal rights (right to physical integrity, mentally integrity, health protection, dignity, freedom).
Non-material damage for suffering mental anguish will be awarded and paid in the following cases: for reduction of life activities, for becoming disfigured, for offended reputation, honour, freedom, for death of a close person, for serious disability of a close person and for criminal offences in violation of personal dignity and morale.
Money indemnity for non-material damage for individual cases of suffering mental anguish is regulated by the other laws. On all of these laws or their individual parts, which regulate individual cases of indemnity for damage due to suffered mental anguish will be applied the provisions of Article 200 paragraph 1 of the Law of contract and torts as lex generalis.