НАКНАДА ЗА ПРЕТРПЉЕНЕ БОЛОВЕ У ЈУГОСЛОВЕНСКОМ ПРАВУ
COMPENSATION FOR SUSTAINED PAINS IN YUGOSLAV LAW

Summary/Abstract: After giving a short review of the development of the concept of compensation for sustained pains, the author states that the conception of this compensation, especially in the form of money, is widely accepted in Yugoslav law as a form manifesting compensation of nonproperty damage, and that this form of compensation, according to its legal nature, represents a satisfaction given to the injured person because the feelings of that person have been hurt, being a part of this personal integrity. Making that a starting point of her discussion, the author devotes a good part of the essay to the analysis of those questions which are related to the problem of compensation for sustained pains, but have not been solved within the Law of Obligations. That is, although this Law has adopted the principle of acceptance of the right of the injured person to be compensated for pains sustained by the damaging acivity and constituting a liability of the responsable person, save the fundamental rules for the regulation (solution) of such cases. It does not contain detailed provisions for a number of questions which may be posed in regard to this principle. One group of such questions deals with liability and the factors which may appear as liable, respectively, injured persons. They are: basis of liability, basis of exemption from liability, the number of persons obligated to compensation for sustained pains caused to the injured person and the number of persons having the opportunity of realization of the right of such compensation of such form of non-property damage. The second group of questions deals with the compensation for sustained pains and the procedure for its realization. One of the main in this group is the question of form of compensation which may be considered adequate for the lessening of the consequences of the damage sustained by the injured person. Besides, this group also includes the questions concerning: scope of compensation and the criteria for the determination of the amount, and the procedure for the realization of this right. On the basis of analitical consideration of these, questions, taking into account the practice of Yugoslav courts, the author concludes that the contemporary Yugoslav law, not only by means of the Law of Obligations has expressly adopted the conception of justness of the compensation for sustained pains and prescribed the main principles fort its realisation, but also it has the instruments of the material and procedure law developed mainly through practice of Yugoslav courts for the realisation of this right. These instruments provide for the application of the principle of integral compensation in the field of non-material damage, accompanied by the prevention of its transformation into unlawful acquisition of wealth on part of the injured person.

• Details
• Contents