How Far We Are Still Close (Using the Example of Deciding on Non-pecuniary Damage to Health) Cover Image

Ako ďaleko sme si ešte blízki (na príklade rozhodovania o nemajetkovej ujme na zdraví)
How Far We Are Still Close (Using the Example of Deciding on Non-pecuniary Damage to Health)

Author(s): Anton Dulak
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: injury to health; non-pecuniary damage; principle of proportionality

Summary/Abstract: The development of private law in the last two decades has been marked by an increase in actions for compensation for non-pecuniary damage to health and life. Claimants’ demands for the amount of compensation also grew. The legal institutes traditionally set up for this purpose (compensation for pain and suffering and compensation for hardship) soon proved inadequate. The courts began to remedy the lack of, or insufficient, statutory regulation by an expansive interpretation of the provisions on the protection of personality. Court decisions thus continued to harmonise the legal status in the countries of the former common state of Czechs and Slovaks. However, the adoption of the new Civil Code in the Czech Republic in 2012 ushered in a qualitatively new stage in the development of private law.

  • Issue Year: 68/2022
  • Issue No: 2
  • Page Range: 173-187
  • Page Count: 15
  • Language: Slovak
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