Types of damages to be compensated

Types of damages to be compensated

    The bond-law theory has traditionally been taken to share the damage of property and non-property, depending on the nature of the harmed good.  Any damage to the legal sphere of a person is considered as pecuniary damage, which diminishes his current state of affairs or creates an obstacle to the increase of the available property in the future. This damage has a real economic expression, can be calculated and determined in size. Property damage can occur in two forms - losses and loss of profits. The amount of the loss suffered is formed by the difference between the post-default property and the economic situation that the lender would have had the obligation been fulfilled.In other words, the losses suffered represent the actual effective damages resulting from a decrease in the asset of the creditor's property - expenses incurred. , wasting items, paying the difference in the price of the item, and more. The distinction between two types of pecuniary damage is expressed by the fact that the damage is an objective result of the non-performance, the Missed benefit is present when the creditor is prevented from the possibility of a secure, pre-planned and expected increase of the property in the future - the omission to acquire a good , making and more. Therefore, the missed benefits are only determinable on the basis of experience and practice. Non-pecuniary damage is generally defined as damage that is not related to a person's property, wealth or income, and which as such cannot be objectively assessed in terms of market price or value. In these cases, the attack is directed against the good connected with the victim's own personality - his life and health, honor, personal relationships and position in society, etc. This damage is not commensurate with the material sphere, it cannot be assessed in money, in many cases it does not have an outside expression to judge the extent of the damage. In addition, the assessment of the extent of such damage may only be the subjective view of the judge analyzing the facts of the case, but not a pre-determined objective criterion, such as exists in material damage. In the context of non-pecuniary damage, some authors make another internal distinction: The first group of harms are those who harm the person and dignity of the injured person and his or her good name in society, while the second type is the suffering of physical and mental suffering caused by actions of other persons. However, not every physical or mental imbalance can be considered harm. Suffering must be sustained over time and with greater intensity. According to the case-law of European jurisprudence, the concept of "non-material" is of a uniform nature and includes any harm resulting from damage to aspects inherent in the individual. Non-pecuniary damage as a complex is understood to encompass various types of harm: bodily harm, ie physical or mental harm, mental harm, that is, emotional suffering caused by injury, and non-pecuniary harm, expressed in pain and suffering. The greatest difficulty accompanying non-pecuniary damage is determining the amount in which they are to be compensated. The lack of a specific text in the Law on Tourism, which deals with the way of calculating the compensation for non-pecuniary damage, necessitates the application of another provision relevant to similar cases.