Immaterial Damage and Some Types of its Compensation

Asmir Sadiku
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Asmir Sadiku: South East European University

Prizren Social Science Journal, 2020, vol. 4, issue 1, 50-56

Abstract: The purpose of any legal system is the regulation and harmonization of actions between people within their respective societies. Now in almost every thesis of this nature you will come across a reference to one of the principles on which the relationship between people should be constructed; the prohibition to cause damage to another, and in case of non-respecting this principle, as it happens in many cases for various reasons, the obligation of indemnity arises, that aims restoring of a situation which was prior to causing of the damage, and the realization of this target is in direct correlation with the nature of the damage caused, and in case of immaterial damage, it is almost unattainable, target, but that does not affect the need to compensate damages of such nature. The issue of immaterial damage compensation is one of the most controversial and current matters in the theory and judicial practice, and this not only because it includes the matters of protecting an individual, his rights to invulnerability as an individual, but even due to the fact that the lack of criteria for the assessment of immaterial damage, influenced to the reference on various criteria, thus creating a change in judicial practice, in regard to the amount of defined compensation for similar cases. This thesis addresses immaterial damage, in regard to its forms of presentation, and then the procedure of immaterial damage compensation and the criteria based on which are assessed; the nature and the extent of the caused damage for the effect of its compensation.

Date: 2020
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