COMPENSATION FOR DAMAGES IN COMPARATIVE LAW

Abstract

In today's modern legal systems, the opinion prevails that the obligation for damages compensation has the purpose of balancing the damage, rather than the punishment of the responsible person, whereby it is emphasized in particular that the obligation for compensation of damages can not be higher than the caused. It is evident that all legal systems have instru-ments that regulate damages. However, from country to country, there are great differences in evaluating the circumstances and the amount of damage. This resulted in the fact that there is a large quantitative and qualitative range in the amount of damage in different legal systems. Compensation for dama-ges in some countries falls within the scope of general principles, while ot-hers are permitted only in certain situations. It is relevant to point out that compensation law is not only shaped by the laws and court decisions, but also from parties in the proceedings. The dominant purpose of recognizing non-material damage is to make a compensation. Although non-material damage can not be measured by monetary funds, each country has the means to regu-late an objective assessment of damages. For a more precise insight into the regulation of the non-material damage institute, a comparative review in An-glo-American and Continental law.

Anglo - American law (Anglo - Saxon law or Common Lawis a great legal system that includes all those rights that historically originated from English law. In the area where it is represented Common Law even in the Middle century, the principle of liability was the responsibility without guilt, and anyone who caused it was responsible for the damage. With development of Common Law of the legal system, this rule is abandoned and it is reduced to exceptional cases. The guilty principle becomes dominant until the second half of the nineteenth century, when, under the influence of the industrial revolution and a series of hazards and damage brought with it, it launches the principle of judging responsibility for the damage, regardless of guilt. Within this legal system, compensation will be analyzed first of all in American and then in English law, which at the same time represents the historical root of the entire Common Law system.

Continental law distinguishes a number of common features, and abo-ve all that the law is a basic source of law and that all other legal acts must comply with it. However, legislation differs. So, for example, The French Civil Code dates from the 19th century and therefore does not contain special provisions that would apply to compensation for nonmaterial damage. In contrast, the right to compensation for non-material damage is regulated by civil codes that were later adopted, among which is the German Civil Code. Legislation also varies according to whether they give definitions of the noti-on of damage, whether they distinguish between certain types of non-material damage, in the way of determining compensation for non-material damage, etc. Nevertheless, political and historical circumstances are the reasons why we can speak of a general similarity in the recognition of the right to com-pensation for non-pecuniary damage in continental legislation. For the purpo-ses of this research, the Institute of Damage in German and French legislation will be analyzed.