Basic Forms of Compensation for Immaterial (Moral) Damage with Special Emphasis on Fear, Physical, Spiritual Pain According to the Legislation of the Republic of Kosovo
Keywords:
Immaterial damage compensation;, fear;, physical pain;, spiritual pain;, Kosovo.Abstract
Besides the material damage, and notwithstanding it, moral damage can also be caused, the
forms of which are increasingly becoming diverse. Monetary compensation for the immaterial (moral)
damage is determined expressively in the positive law of the Republic of Kosovo. Injured party - the
the victim can obtain monetary compensation for the immaterial damage, for the physical and spiritual pain,
for the reduction of life activity, disfigurement, violation of authority and honor, violation of freedom or
personality rights, death of a close person, and fear, whereby, if the court states that the circumstances,
especially the intensity of suffering and fear and their duration justify this, it will judge the appropriate
monetary compensation, regardless of the immaterial damage and the absence of material damage. The
study on this paper is mainly focused on the national legislation, and its key subject is the immaterial
(moral) damage compensation, as well as presenting the court decisions of the competent courts in
Kosovo. Whether the compensation will be determined or not, depends on the intensity and duration of
the suffering, for each specific case. Upon the decision on the claim for the compensation of immaterial
damage, as well as for the amount of the compensation, the court shall consider the importance of the
violation and the purpose to which this compensation shall serve in order not to support the tendencies that
are not compatible with nature and the social purpose thereof.
References
Aliu, A. (2013). Civil law. Prishtina.
Bagińska, E. (2010). Wrongful Birth and Non-Pecuniary Loss: Theories of Compensation, Journal of European Tort Law 2(2):171-203, DOI:10.1515/JETL.2010.171.
Brestovci, F. (2004). Civil procedural law. Prishtina.
Bydlinski, P. (2016). Civil Law. Volume - General Part (6th Edition), translated and adapted into Albanian: Iset Morina, Bekim Sermaxhaj, Prishtina: Educational Center.
Dauti, N. (2016). Obligation law. Prishtina.
Dauti, N., Berisha, R., Vokshi, A., Aliu, A., Blakaj, S. (2013). Commentary on the Law on Obligations, Book I. Prishtina: Ministry of Justice, UNDP Kosovo.
Galgano, F. (1999). Private Law. Tirana.
Koziol, H., & Salter Townshend, F. (2012). Basic questions of tort law from a Germanic perspective. Wien.
Morina, I., Nikçi, S. (2012). Commentary on the Law on Contested Procedure, LCP - First Edition. Prishtina: Ministry of Justice, GIZ.
Muskaj, A. (2003). Civil liability from causing non-pecuniary damage. Tirana.
Petrovic, Z. (1996). Compensation for non-pecuniary damage due to personal injuries. Belgrade.
Pscheidl, D. Trends in the payment of non-pecuniary damage in some European countries, Journal of Insurance Law, No. 4/2006.
Zimmermann, R. (1996). The Law of Obligations, Roman Foundations of the Civilian Tradition. New York.
Legislation
Law on obligational relationships of Kosovo No. 04/L-077, 2012.
Law on contested procedure of Kosovo No. 03/L-006, 2008.
Law on Kosovo courts, No. 06/L-054, 2018.
Regulation on setting criteria for the assessment of immaterial damage from motor third party liability, approved by the Board of the CBK of the Republic of Kosovo, 2014.
Court decisions
Adjudication C. of 129/08, dt. 9.6.2010, of Municipal Court in Malisheva.
Adjudication C. of 264/07, dt. 26.5.2009, of Municipal Court in Lipjan.
Adjudication C. of 365/08, dt. 13.10.2011, of Municipal Court in Prishtina.
Adjudication C. of 581/12, dt. 25.9.2012, of Municipal Court in Prishtina.
Adjudication C. of 26/08, dt. 11.3.2011, of Municipal Court in Prishtina.
Adjudication C. of 2611/08, dt. 4.4.2011, of Municipal Court in Prishtina
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