LAWSUIT FOR DAMAGES
Material or non-material damage
Lawsuit for damages (material, non-material damage). According to Article 16 of the Law on Obligations, everyone is obliged to refrain from a procedure that may cause damage to another. However, in the event that there is an act that is contrary to the said article, ie acts contrary to the provisions of Article 154 of the Law on Obligations, which states that whoever does other damage is obliged to compensate it.
Compensation is the responsibility for the damage caused and comes down to the obligation to compensate. Compensation is actually the meaning of a sanction for the damage caused (damage is an evil that needs to be repaired with compensation). Compensation for damage is not a punishment, which can be seen in determining its amount, which is proportional. We distinguish between compensation for property (material) and compensation for non-material damage.
Taking into account the circumstances that occurred after the damage was caused, the court will award compensation in the amount necessary to bring the injured party’s financial situation to the condition in which he would have been if there had been no harmful act or omission.
Repair of property damage
Repair of property damage is done in two ways:
-establishing the previous state;
-compensation in cash;
According to Article 189 of the Law on Obligations, within the framework of property damage, a distinction should be made between ordinary damage and lost profit. Ordinary or actual damage is damage that has occurred on certain goods. The amount of compensation for damage is determined according to the prices at the time of the court decision, except when the law orders otherwise. Missed benefit is a gain that could reasonably be expected according to the regular course of things or according to special circumstances, and the realization of which is prevented by the pest’s action or omission.
Also, in the event that a thing had an emotional or other value (affective value) for the injured party, the court may determine the amount of compensation according to the value that the thing had for the injured party.
It is a violation of some personal good that is not of a property nature (honor, reputation, physical and mental pain, fear …) Here, compensation is not in the true sense of repairing damage, it is a matter of satisfaction.
The types of fees are:
- In the case of a violation of a person’s rights, the court may order, at the expense of the pest, the publication of a judgment or correction, or order the pest to withdraw the statement by which the violation was committed, or anything else that may achieve the purpose achieves compensation.)
- Monetary compensation (Financial compensation (ZOO 200)) (1) For suffered physical pain, for suffered mental pain due to reduced life activity, disability, violation of reputation, part, freedom or personality rights, death of a close person and for fear, the court will, if it finds that the circumstances of the case and especially the intensity of pain and fear and their duration justify it, award fair monetary compensation, regardless of compensation for material damage, as well as when there is none. (2) When deciding on a claim for compensation for non-pecuniary damage, as well as the amount of compensation, the court will take into account the significance of the damaged property and the purpose for which the compensation serves, but also the fact that it does not favor aspirations that are incompatible with its nature and social purpose.)
Compensation for property and compensation for moral damage can go in parallel.
There are different grounds for damages and lawsuit for damages. The basis can be as satisfaction to the injured party, so that e.g. to alleviate mental pain or make life easier for oneself.
Then, if someone is unjustifiably deprived of liberty, and that is determined in the criminal procedure, that can be the basis for compensation for damage.
When a certain damage is done intentionally or through gross negligence, there is guilt and that person is responsible for compensating the damage. Note that it is important that there is a causal link between the pest and the occurrence of the damage. Damage can also occur in connection with employment, damage caused after a car accident, etc., dog bites, etc.
˝NM Lawyers˝are always at your disposal both in lawsuit for damages and all other legal matters.