{"id":945,"date":"2018-10-15T12:40:05","date_gmt":"2018-10-15T09:40:05","guid":{"rendered":"http:\/\/tomovi.org\/?p=945"},"modified":"2026-11-13T03:47:41","modified_gmt":"2026-11-13T01:47:41","slug":"%d0%be%d0%b1%d0%b5%d0%b7%d1%89%d0%b5%d1%82%d1%8f%d0%b2%d0%b0%d0%bd%d0%b5-%d0%bd%d0%b0-%d0%bd%d0%b5%d0%b8%d0%bc%d1%83%d1%89%d0%b5%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%b8-%d0%b2%d1%80%d0%b5%d0%b4%d0%b8","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%be%d0%b1%d0%b5%d0%b7%d1%89%d0%b5%d1%82%d1%8f%d0%b2%d0%b0%d0%bd%d0%b5-%d0%bd%d0%b0-%d0%bd%d0%b5%d0%b8%d0%bc%d1%83%d1%89%d0%b5%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%b8-%d0%b2%d1%80%d0%b5%d0%b4%d0%b8\/","title":{"rendered":"Compensation for non-pecuniary harm"},"content":{"rendered":"

The amount awarded for non-pecuniary harm following a road traffic accident, an accident at work or another incident must fully reflect the intensity, duration and nature of the pain and suffering. Fairness under Article 52 of the Obligations and Contracts Act is an ethical standard with concrete economic implications: the assessment must take account of economic growth, living standards, average incomes and purchasing power at the date of the tort. Changes in economic conditions underlie the increasing levels of insurance cover for non-pecuniary harm and the statutory requirement for periodic adjustments discussed in paragraph 4(3)<\/a> and (4) of the Supplementary Provisions of the Insurance Code. The insurer\u2019s obligation derives from the insured person\u2019s duty to compensate the injured party. Within the limits of the policy the two obligations have the same content and amount.<\/p>\n

This approach is reflected in judgments of the Supreme Court of Cassation under Article 290 of the Code of Civil Procedure, treated as binding case law under the framework discussed in Interpretative Decision 1\/2010: judgment No. 83 of 6.07.2009 in commercial case No. 795\/2008, judgment No. 1 of 26.03.2012 in commercial case No. 299\/2011, judgment No. 25 of 17.03.2010 in commercial case No. 211\/2009, judgment No. 206 of 12.03.2010 in commercial case No. 35\/2009, and others. Physical, psychological and emotional suffering is not confined to what the victim experienced when the offence was committed; it continues while the effects of the trauma persist. Under Article 52 the court determines the amount in each individual case according to fairness and its own assessment.<\/p>\n

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This article does not give a legal opinion or advice on a particular person or situation. For help following a road traffic accident or an accident at work, seek an individual legal consultation.<\/em>
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