Wpływ zasad słuszności na zadośćuczynienie pieniężne z tytułu szkody niemajątkowej

Abstract

The institutions of the damages for non – pecuniary loss regulate extraordinary matter, the sum awarded as damages should compensate physical suffering and moral damage in the case of infringement personal interests. Infringement personal interest can be more painful that infringement material things, even very valuable and also it is worth to mention that infringement personal interest can often lead to effect which can’t be repaired, for example health disorder or injury of the body. It is impossible to regulate this matter in legal system comprehensive and precisely. We can say that aggrieved party will have secure appropriate protection by the damages for non – pecuniary loss only when courts takes into considerations the principle of justness.