| Opis: | The thesis presents the institute of fear as a form of legally recognized non-pecuniary damage. It is a strong negative emotional reaction to a certain external danger. Law defines real fear as affect or a short-term intense emotional state accompanied by various physical phenomena. It divides it into primary and secondary fear. Primary fear occurs with injury of the body when a person%s integrity is compromised, while secondary fear arises from physical or mental injury, which means that if there is no physical or mental injury, there is no secondary fear. In principle, secondary fear is the fear of the outcome of treatment, pain during treatment, etc. If the circumstances of the case, in particular the degree and duration of the fear, justify it, the injured party is entitled to fair monetary compensation for the fear, which right derives from Article 179 of the Code of Obligations. The concept of fair monetary compensation for nonpecuniary damage is a legal standard. Weighing which amount corresponds to fair monetary compensation in a particular case is the definition of this legal standard. The one who decides on this is actually creating the law for a specific case. In this way, the greatest possible individualisation of law is enabled, as the content of the legal standard is not contained in the legal norm, but is formed in each case separately. Monetary compensation is intended to provide the individual with satisfaction commensurate with the severity and extent of the The thesis presents the institute of fear as a form of legally recognized non-pecuniary damage. It is a strong negative emotional reaction to a certain external danger. Law defines real fear as affect or a short-term intense emotional state accompanied by various physical phenomena. It divides it into primary and secondary fear. Primary fear occurs with injury of the body when a person%s integrity is compromised, while secondary fear arises from physical or mental injury, which means that if there is no physical or mental injury, there is no secondary fear. In principle, secondary fear is the fear of the outcome of treatment, pain during treatment, etc. If the circumstances of the case, in particular the degree and duration of the fear, justify it, the injured party is entitled to fair monetary compensation for the fear, which right derives from Article 179 of the Code of Obligations. The concept of fair monetary compensation for nonpecuniary damage is a legal standard. Weighing which amount corresponds to fair monetary compensation in a particular case is the definition of this legal standard. The one who decides on this is actually creating the law for a specific case. In this way, the greatest possible individualisation of law is enabled, as the content of the legal standard is not contained in the legal norm, but is formed in each case separately. Monetary compensation is intended to provide the individual with satisfaction commensurate with the severity and extent of the damage suffered.The thesis presents the institute of fear as a form of legally recognized non-pecuniary damage. It is a strong negative emotional reaction to a certain external danger. Law defines real fear as affect or a short-term intense emotional state accompanied by various physical phenomena. It divides it into primary and secondary fear. Primary fear occurs with injury of the body when a person%s integrity is compromised, while secondary fear arises from physical or mental injury, which means that if there is no physical or mental injury, there is no secondary fear. In principle, secondary fear is the fear of the outcome of treatment, pain during treatment, etc. If the circumstances of the case, in particular the degree and duration of the fear, justify it, the injured party is entitled to fair monetary compensation for the fear, which right derives from Article 179 of the Code of Obligations. The concept of fair monetary compensation for nonpecuniary damage is a legal standard. Weighing which amount corresponds to fair monetary compensation in a particular case is the definition of this legal standard. The one who decides on this is actually creating the law for a specific case. In this way, the greatest possible individualisation of law is enabled, as the content of the legal standard is not contained in the legal norm, but is formed in each case separately. Monetary compensation is intended to provide the individual with satisfaction commensurate with the severity and extent of the damage suffered.damage suffered. |
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