Нематеријалне вриједности и облигационо право
Non-pecuniary Values and the Law of Obligations

Author(s): Branko Morait
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Human values;Fairness;Functionality;Individual rights;Non-pecuniary damage;Harmonization of case law;
Summary/Abstract: The abstract reviews the concept of non-pecuniary values by which the law of obligation recognizes protection and realistic possibilities of their material validation. There are two approaches prevailing today: the traditional one, also known as the subjective concept of non-pecuniary damages, which finds its basis for the damager’s responsibility in the sufferings of the injured party, and the new, objective concept of non-pecuniary dam- age, where the basis for damager’s responsibility is seen in violations of the protected individual rights. The problem lies in a fair determination of the amount of monetary compensations for non-material damage in case of violations of non-pecuniary values.

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