Analysis of Grigol Rckhiladze’s Work on "Compensating the Moral Damage" / გრიგოლ რცხილაძის სტატიის – "მორალური ზიანის ანაზღაურება" – ანალიზი

Michael Bichia

Abstract


Field of activity of this article’s author Grigol Rtskhiladze is diverse. He was a lawyer, a literaray critic, and a scientist.
Analysis of Grigol Rtskhiladze’s scientifi c article has shown that compensating non-material damage belongs to the category of serious problems. At the same time, it is determined that the nature of damage can be determined according to how much cash equivalence it will have.
The article revealed that the unsubstantial non-property damage is not compensated. The same principle is actually laid out in Article 413, paragraph 1, in which it is stated that the moral damages shall be compensated only in cases prescribed by the law by the reasonable and equitable compensation. Thus, taking into consideration its specificity, legislator confi ned compensation for moral damages within the teleological reduction, thus limiting the amount of cases compensating non-harmful damage. Additionally, it has been determined that not all the cases of health damage imply the compensation for non-material damage. The non-property damage is compensated if (a) health damage was inflicted and (b) it resulted in emotional, mental suffering (cumulative prerequisites).

Research showed that law should fulfil its protective purpose to ensure material, as well as non-material goods. This should the exact purpose for introducing monetary compensation of non-property damage. Author presented approaches of developed European countries to justify this position. They recognize a principle of compensation of moral damage and establishing this European standard in Georgia would be appropriate.
Moreover, research showed that specifi c characteristics (the quality and character of damage, material condition of both sides, weight of the damage and other conditions) should be taken into account while establishing amount of moral compensation. Thus, it is of utmost importance to evaluate each case independently for fulfilment of public responsibility functions, such as compensation, prevention and satisfaction functons, caused by non-property damage. Furthermore, research showed that compensating moral damage with mo netary means would be more effective for complete protection of a person.
In this sense, it is clear that development of modern civilistics and judicial practice should be thankful to postulates constructed by Grigol Rtskhiladze about a century ago.


Keywords


Non-property Damage, Compensation, Satisfaction

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