NAKNADA NEMATERIJALNE ŠTETE U TEORIJI I SUDSKOJ PRAKSI REPUBLIKE SRBIJE
COMPENSATION OF NON-MATERIAL DAMAGE IN THEORY AND COURT PRACTICE IN REPUBLIC OF SERBIA

Summary/Abstract: The language meaning of the word damage usually does not imply only property but also moral losses. In order to properly interpret the compensation of non-material damage, it is necessary to get acquainted with the rights of the person, because they are the rights recognized by the legal protection of the individual against injuries inflicted on his being, his body or his psyche. The elimination of the harmful effect is the objective of the compensation of damages, the compensation must be adequately damaged. Considering that non-material damage cannot have a price, the question arises as to whether or not compensation for damage resulting from a violation of a person's right can be overturned. The conclusion was found in the court practice itself, where practical examples show how and how to compensate for non-material damage and to what extent certain legal provisions and court decisions are effective. In this sense, it can be said that in all forms of non-material damage, the court is entitled to the right to compensation for non-material damage, when a person has suffered fear, pain of a psychic or physical nature, or is seriously injured in the reputation of the injured person in the community in which he resides.

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