Compensation Of Nonpecuniary Damage After The Death Of The Person And Subjects With The Right To Demand / არაქონებრივი ზიანის ანაზღაურება პიროვნების გარდაცვალების შემდეგ და მოთხოვნის უფლების მქონე სუბიექტები

Nino Katamadze

Abstract


The paper is related to a challenge of compensation of non-pecuniary damage after the death of a person which is one of the key issues in contemplating the recognition and protection mechanisms of modern Georgian civil law.
The problems of moral damage compensation are also caused by subjective perception of regulatory norms and absence of determined concepts and criteria which could have allowed the court to strengthen individual assessment with conceptual approaches.
The paper also discusses the aspects of non-pecuniary loss for personal injury and its variation throughout the legal systems. It also raises the question of whether the right of compensation for the third person exists, such as, the consequence of witnessing a fatal accident.
This article attempts to find answers to these questions by comparing of the specific statutory provisions in many jurisdictions as well as relevant European model laws.The article shows the actual possibilities of a person close to the deceased or to an aggrieved person to obtain compensation for non-pecuniary damage under Georgian law.
The article thoroughly examines Georgian case-law and investigates whether Georgian courts have reasonably substantiated the precondition for a claim for compensation of non-pecuniary damage
of a close person.
The research is based on the doctrine and court practice analyses, features conceptual approaches respected by foreign legal systems in regard to purposes and compensating of moral damage. The paper is concluded by specific recommendations for the key issues discussed in it.

Keywords


Non-pecuniary, Compensation, Person

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