Basic Forms of Compensation for Immaterial (Moral) Damage with Special Emphasis for Fear, Physical, Spiritual Pain According to the Legislation of the Republic of Kosovo
Basic Forms of Compensation for Immaterial (Moral) Damage with Special Emphasis for Fear, Physical, Spiritual Pain According to the Legislation of the Republic of Kosovo

Summary/Abstract: Except the material damage, and regardless of it, the moral damage can also be caused, the forms of which are becoming more and more diverse. Monetary compensation for the immaterial (moral) damage is determined expressively in the positive law of the Republic of Kosovo. Injured party - the victim can get monetary compensation for the immaterial damage, for the physical and spiritual pain, for the reduction of life activity, disfigurement, violation of authority and honor, violation of freedom or personality rights, death of a close person, and fear, by what if the court states that the circumstances, especially the intensity of suffering and fear and their duration justify this, it will judge the right monetary compensation, regardless of the immaterial damage and the absence of material damage. The study on this paper is mainly focused on the national legislation, and as an object key has the immaterial (moral) damage compensation, but also presenting the court decisions of the competent courts in Kosovo. If the compensation will be determined or not, depends on the intensity and duration of the suffering, for each specific case. Upon the decision on the request for the compensation of immaterial damage, as well as for the amount of the compensation, the court shall evaluate the importance of the violation of goods and the purpose to which this compensation shall serve, also in order not to support the tendencies that are not compatible with the nature and the social purpose thereof.

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