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Personal injury and damage assessment of its all non-pecuniary aspects

Publication at Faculty of Law |
2011

Abstract

For the purpose of following analyze we chose one of the central notion of the tort law, i.e. problem of personal injury and damage assessment of its all non-pecuniary aspects such as pains and suffering or aggravation of social position. It is the category remaining within the national legislation domain reflecting very often long-lasting evolution based on traditional doctrinal views and jurisprudence.

We submit this institution to a slight comparative overview concentrating on chosen European national legislations (France, Italy, Germany, Netherlands, and England) as well as on the Principles of European tort law. Particular attention is paid to the question of standardization of immaterial damage assessment especially in view of changes brought in by new Czech Civil code.