Neka pitanja nematerijalne štete u zakonodavstvima pojedinih zemalja bivše jugoslavije
Non-Material Damages in Legislation of Some Former Yugoslavia Countries

Author(s): Tamara Đurđić
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: non-material damages; compensation of non-material damages; contractul responsibility; personal rights of legal entities
Summary/Abstract: The question of non-material damages has always been the main issue in legal theory and still is the subject of interest in legal doctrine, nowadays. We can come across with different concepts about non-material damages in European countries legislation, which lead to various solutions of some relating legal problems, such as compensation right of legal entities. Compensation right is usually recognized in the field of non-contractual responsibility in most legal systems, but the question whether or not this right is recognized in the field of contractual responsibility still arises. The reason why this question is of great importance in our legislation is that it is very hard to say without any doubt whether or not our legislator recognizes compensation right in the field of contractual responsibility. In that sense, there is a big gap between our theory and judicial practice. Besides, comparative overview of legislation in former Yugoslavia countries about non- material damages is of great importance for upcoming changes in our legislation in the process of harmonization with European Union law. For comparative analyze of regulation of non-material damages, some legal solutions of Montenegro, Slovenia and Croatia are taken into consideration.

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