Compensation for suffered physical pains Cover Image

Compensation for suffered physical pains
Compensation for suffered physical pains

Author(s): Nataša Mrvić-Petrović, Zdravko Petrović
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: tort law; non-material damage; bodily injury; physical pain; compensation

Summary/Abstract: The authors analyzed the foreign legislation and the legislation of the Republic of Serbia relating to compensation for physical pain. They recognize that the old civil codes from 19.century (in French or German Civil Codes e.g.) does not define the concept of damage, nor immaterial, while in modern codes accurately are determine which forms of non-pecuniary losses be legally justified. And the legal systems of the former socialist countries recognize the right to pecuniary compensation for non-material damage in case of serious violations of personal rights, for example Russia and Poland. In the law of obligations Serbia (as well as Slovenian, Croatian, Macedonia, Montenegro, Bosnia and Herzegovina) suffered physical pain is stipulated as a legally recognized form of non-material damage. Pecuniary compensation is determined on the duration and intensity of pain and other circumstances related to an event when the damage occurred, medical treatment and recovery and of the personality characteristic of the injured person.

  • Issue Year: 2016
  • Issue No: 4
  • Page Range: 9-19
  • Page Count: 11
  • Language: English