| Abstract [eng] |
The object of doctoral dissertation is the institute of non-pecuniary damage in Lithuanian civil law, the most actual theoretical and practical problems of its legal regulation and practical implementation, estimation of used ways for solving these problems and suggestion of alternative ones, in order to ensure a smooth, consistent, logic and lawfully reasonable mechanism of compensation for non-pecuniary damage, as independent method to defend civil rights in civil legal relationships. In this thesis the conception of the institute of non-pecuniary damage (terminology, essence, functions, relation with other ways for defence of civil rights) is provided by analyzing it in historical, linguistic, comparative and mainly thoughtful aspects. Different legal measures of material and procedural character, able to simplify the process of establishment and proving of non-pecuniary damages are presented and investigated. The work also deals with the limits of the application of the institute of non-pecuniary damage to civil law, i.e. those cases, when it is possible to gain compensation for immaterial harm, and the expediency to expand these limits is analyzed as well. The main attention is paid to the research of the mechanism for establishment of the amount of pecuniary compensation for non-pecuniary damage: general principles of its working are provided; the criteria for establishment of the amount of such compensation, their content and peculiarities in certain categories of cases are thoroughly analyzed; specific features of compensation of non-pecuniary damage in the most actual categories of civil cases (health injury, death, infringement of honour and dignity etc.) are identified. Original methodologies, based on accurate mathematical, statistic calculations, objective mechanisms and principles (formulas), which guarantee known-in-advance legal results, are presented in the work and the possibilities to implement them in national law are evaluated. In the end of dissertation conclusions, which justify and detail the statements to be defended, are presented, as well as concrete recommendations for courts, dealing with non-pecuniary damage compensation cases, are suggested. |
