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Náhrada škody pri strate možnosti
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Compensation of damage
for loss of use
JUDr. Milan Hlušák,
Faculty of Law of the Trnava University in Trnava
Právny obzor, Volume 103, 2020,
No. 1,
pp. 13 – 28.
Published online: 31.8.2021
Abstract. The article
deals with the claim of the owner of the damaged thing for compensation for loss
of the possibility to use such a thing. It focuses mainly on cases where the
owner does not spend any money on the substitute thing during the repair. For
example, if the owner of the damaged car does not rent a replacement vehicle,
nor does she use taxis or public transport, but instead she walks or uses he
bicycle. In such cases, the question arises as to whether such a loss of the
possibility to use the thing is pecuniary harm, i.e., the damage to be
compensated. The author concludes that this question should be answered in the
negative. However, according to the author, this does not mean that in such
cases the owner of the damaged thing should not be entitled to any compensation.
In particular, the claim for reimbursement of frustrated expenses would be app
ropriate.
Key words: loss of use,
damages, pecuniary and nonpecuniary harm, difference theory
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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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