ULOGA LIJEČNIKA-VJEŠTAKA U PROCJENI NEMATERIJALNE/NEIMOVINSKE ŠTETE
THE ROLE OF THE DOCTORS-EXPERTS IN THE ASSESSMENT OF INTANGIBLE / NON-PECUNIARY DAMAGE

Summary/Abstract: It is in the interest of society to protect personal rights, but also to determine the “threshold” for unlawful interference in others’ immaterial goods for which there is protection in the form of recognition of the right to a fair remuneration, and when such protection in not available. Corrective to such an approach could be a provision which explicitly stipulates what such compensation shouldn't serve. Obligation Act/78 in Article 200, paragraph 2 expressly provides that when deciding on the amount of just compensation the court must take into account the fact that it does not favor the aspirations incompatible with its nature and social purpose, which certainly aims to prevent penetration of phenomena of profitableness and commercialization within the institute of repair of non-pecuniary damage.

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