Abstract
The function of compensation in civil law is a frequent subject of professional discussion. At the same time, controversy is aroused by the punitive element of damages, the introduction of which (or import from Anglo-Saxon legal culture) into continental law is welcomed by some authors, while others categorically reject it.
The function of compensation in civil law is a frequent subject of professional discussion. At the same time, the punitive element of damages is controversial, the introduction of which (or import from Anglo-Saxon legal culture) into continental law is welcomed by some authors, while others categorically reject it. boundaries between public and private law.
However, it cannot be ruled out that the functions of compensation for damage essentially affect the purpose of tort law, which, in turn, cannot be established without at least outlining the purpose of objective law as such. In this paper, therefore, we will first consider a possible consensually acceptable aim of law.
Furthermore, we define the defining features of preventive-sanction damages and try to find out whether the thus defined function of damages can be justified on the basis of the purpose of the law.