Neturtinės žalos dydžio nustatymo problematika ; Die Probleme der Feststellung der Hohe des immateriellen Schadens ; Problems of assessment of non pecuniary damage
The matter in question of the current master thesis is the most important aspect of compensation of non pecuniary damage - the size of compensation. The master thesis begins at the analysis of concept of "non pecuniary damage", which displays controversial nature of current institute, as well as other problematic aspects are being analysed, such as possibility of pecuniary valuation, relation to restitutio in integrum principle, historic evolution and opportunities of unification of the institute in the European Union. In the second chapter the compensation of non pecuniary damage as a process is being analysed, problems of subjects, which are able to value the size of compensation of non pecuniary damage, as well as methods and criterion that may assist, are being examined. The proving of size of non pecuniary damage is being analysed, possibility of fixing a presumption is being disputed as well as the right of a legislator to limit the size of non pecuniary damage while fixing maximum limits is being denied. The third chapter is based on practice of Lithuanian courts: pricipal problems are being highlighted as well as the examples of ambiguous estimation and the possible solutions are given.