Neturtinės žalos atlyginimo objektas: lyginamieji aspektai ; The object of non-pecuniary damage redress: comparative aspects

Abstract

The objects of non-pecuniary damage and their theoretical and practical differencies in Lithunian, Italian, Great Britain, American, German and French legal systems are analysed in this Master work. It is attempted to show, that a right to non-pecuniary damage redress after infringement of non-economical values is being expanded both - in singular and bipolar countries, as a result of the concept of human rights doctrine and aspiration to entirely implement the principle of damage compensation, though accepting the impossibility of restitutio in integrum in the field of non-pecuniary damage because of the specificity of the lost value. The primary aim of this work is to explore the objects of non-pecuniary damage, the trends of their development and application in judicial practice, to reveal the requirements, raised in every case of the infringement of the object, and the restrictions applied to the redress of non-pecuniary damage. Therefore, with the help of comparative, historical, logical, systemic and other methods, the experience of chosen countries is analysed, trying to envisage not only some similarities, but also to reveal the diferrencies, applied in the implementation process of the right to non-pecuniary damage. The work consists of introduction, four chapters, conclusions, the list of literature and summary. Tha aim of the first chapter is to disclose particular theoretical aspects of non-pecuniary damage, such as the functions of non-pecuniary damage redress and a concept, solidified in legal acts of variuos countries. The second part of this work describes the diferrencies of the objects of non-pecuniary damage redress in bipolar and singular countries, which, because of the increasing influence of human rights doctrine nowadays is not a clear-cut distinction. The third chapter – "The retrospective review of the object of non-pecuniary damage" proves the fact, that the range of the objects of non-pecuniary damage is a dynamic and historically shifting phenomenon, depending on values accepted by the society, impact of social and political factors. Persons life, health, liberty, honour, dignity and private life as the objects of non-pecuniary damage redress are particularly discovered on the fourth chapter of this work, as well as an opportunity to claim for non-pecuniary damage redress in a case of the infringement of contractual obligations. The particularities of specific objects of non-pecuniary damage and conditions when this kind of redress is available or restricted in certain countries is also being exposed.