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001-es BibID:	BIBFORM001146
Első szerző:	Fézer Tamás (jogász)
Cím:	Damages for non-pecuniary loss in Dutch legislation and jurisdiction / Tamás Fézer
Dátum:	2004
ISSN:	1588-306X
Megjegyzések:	How should loss, which cannot be expressed in money, be compensated? How should pain be financially assessed? These questions are increasingly gaining significance. In our age it is general that human rights and personality rights are codified in the Constitutions of almost every nation . Legal systems have special instruments to protect personality against the injury of another person. Usually there are two opportunities to reply to the injuria with the language of law: enforcing the penal right of state there are sanctions from the perspective of criminal law and we can find special protections in the area of civil law. The most significant difference between the two legal fields is the aim of their functions. Criminal law punishes the aggressor, but does not give any compensation to the victim. The proposal of the sanction suits to the personality of the misdoer. Civil law has its function to give amend to the injured party of the obligation . The problem is that damages for non-pecuniary loss cannot be examined from the traditional view of liability. To solve a problem in connection with compensation the judge has to analyze four essential lemmas: damage, wrongfulness, causality and imputation . If any of the conditions mentioned previously is missing, there is no chance to adjudge damages to the plaintiff during a legal procedure. Damages for non-pecuniary loss are special cases where the most important lemma damage is uncertain. In case of a personal injury, a physical stress or an infringement of reputation there are no manifested disadvantages. Only the injured person can feel the strength and heaviness of the injury. In the continental legal systems legislators do not want to give the power to the hand of a judge to calculate and adjudicate amounts without strict regulations. This approach is because of the old theory of checks and balances of power. It is obvious that solving a personal injury problem from a pure compensatory law aspect means the fall of the constitutional aim: to protect individuality and personality with every possible legal instrument.
Tárgyszavak:	Társadalomtudományok Állam- és jogtudományok idegen nyelvű folyóiratközlemény hazai lapban nem vagyoni kártérítés tort law holland jog
Megjelenés:	Collectio Iuridica Universitatis Debreceniensis. - 4 (2004), p. 49-67. -
Internet cím:	elektronikus változat
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