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Some considerations on
compensation for non-material loss in protection of personality.
Doc. JUDr. Jozef Vozár, CSc.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, 100, 2017,
special issue, pp. 41-51.
Published online: 15.1.2018
Abstract. The article
addresses the issue of compensation for non-material loss as a form of
satisfaction in case of infringement of the personality rights according to the
Slovak Civil Code. The author points out that the decision on awarding
compensation is a matter of judge-made law. The molding of law by judicial
decisions not only emphasises their predictability; it envisages the application
of law in accordance with its meaning and purpose. A court must take into
account mutual relations of individual arguments coming into consideration and
to balance their role in a particular case with regard to its specific character
and the person whose personality rights have been infringed. In addition, it
must reflect the constitutional aspects of this issue, including case-law of the
Constitutiona Court of SR and case-law of the European Court of Human Rights.
Keywords: rise of
liability for a loss according to the Civil Code; form of compensation for
non-material loss; amount of compensation for non-material loss and test
proportionality; function of the courts in determination of the amount of
compensation for non-material loss
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS