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001-es BibID:	BIBFORM001145
Első szerző:	Fézer Tamás (jogász)
Cím:	Non-pecuniary loss in civil law of the Netherlands / Fézer Tamás
Dátum:	2003
Megjegyzések:	From the beginning of the 19th century, the claim for an effective protection of personality has been increasing in the area of civil law. Recently the legislation of the European Union is beginning to cover civil law relations. Although the way to a common European civil law is in far distance, but there were attempts to find a common ground in tort law. One of the youngest civil codes in Europe is the Dutch BW, which came into force in 1992 and contains most of the achievements of common European legal resources. Damages for non-pecuniary loss are a really problematic field of tort law because one of the essential lemmas of compensation - damage itself is non-interpretable. This study shows how the legislation deal with damages for non-pecuniary loss, this strange civil law institution, and how the jurisdiction reacted on the provisions of statutory law. Dutch Civil Code contains only general rules and gives the power to the hand of judges to adjudge damages for non-pecuniary loss as they consider it from case to case. The only unsolved problem is in connection with the status of ♭third parties£ or ♭secondary victims£, who have no right to claim for damages unless they demonstrate that they suffered such a psychical trauma, which makes them the primary victim of the injury. It is seen for the future of common European tort law that the only good solution to describe damages for non-pecuniary loss is a very flexible statutory law, which gives enough space for courts to develop legal practice by the side of typical cases. In continental legal systems it is a big dilemma, because legislators do not want to give too much power to their judges, afraid of overturning the balance of powers. Without this confidence it is almost impossible to create acceptable solution to protect personality with civil law instruments.
Tárgyszavak:	Társadalomtudományok Állam- és jogtudományok idegen nyelvű folyóiratközlemény külföldi lapban nem vagyoni kártérítés holland jog damages for non-pecuniary loss dutch civil code tort law kártérítési jog
Megjelenés:	Agora Studii Oradea. - 3 (2003), p. 116-126. -
Internet cím:	elektronikus változat
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