The principles of equity with respect to civil damages for non-material bodily harm - how to interpret them?
2017
Abstract
The article presents a complex view of the principles of equity within the meaning of Section 2958 of the Czech Civil Code. It comes to a conclusion that these principles should not be reduced to applying the Methodology for Calculation of Non-Economic Personal Injury Damages, and points out certain flaws of the Methodology, in particular clearly wrongly set weights of individual domains, which in most cases prevents the courts from reaching a just decision.