PHYSICAL AND MENTAL PAIN AS TYPES OF NON-PECUNIARY DAMAGE

Abstract

This paper deals with and analyzes segments of compensation for nonpecuniary damage and its types. Special emphasis is given to the mental pain due to reduced environmental activity and remuneration thereof. This matter also touches upon the regulation of court protection through the Law on Litigation Procedure, which is based on the basis of `` compensation of damages '', which damage draws the grounds from the Law on Obligations. The topic covers the most common forms of causing damage in everyday life, which is caused by road accidents, accidents in mining, construction, industry and other similar accidents. Most often it is about two participants: the one who caused the damage (pest) and the injured person (impaired) but it is not excluded that there are several participants and several factors. The topic analyzes the aspect of fault. If the perpetrator acknowledges the fault, in that case the harmful person may voluntarily outside the judicial system compensate the damage to the injured party (out of court settlement) when the two parties agree on it. Judicial protection comes to the fore if the perpetrator does not agree that the faulty is on his side and refuses to indemnify the damaged person, in that case the injured party is left only on a judicial basis to seek protection of his rights guaranteed by the Law on Obligations. The topic touches the out-of-court collection as an initial basis for recovery (extrajudicial). Firstly, the injured party may request compensation for his damages insurance company where the vehicle or worker is insured (if the damage is caused to a legal entity) and if the damaged party is not satisfied with the offer, he can file a claim for compensation against the insurance company (if this denies the rights of the injured party and the legal conditions) or a lawsuit against the perpetrator (if the damage incurred is not covered by the insurance policy). This segment rounds up the court protection system for compensation of non-pecuniary damage.

Key words: pest, damaged, insurers, wines, non-pecuniary damage, mental pain