Postupak odmeravanja visine naknade štete i naknada štete

Compensation for caused damage is a cornerstone of modern legal civilization and reflects social awareness of responsibility for actions and their consequences, impacting both material and non-material property protected by law. The legal objective is to restore balance by repairing material damage through reparation and addressing nonmaterial damage via monetary compensation for subjective satisfaction. Assessing compensation, particularly for non-material damage, is complex due to the intangible nature of personal rights and the lack of material expression. Legal criteria, such as those in Article 200 of the Law on Obligations, provide a foundation but are insufficient to ensure fair and integral compensation. These criteria serve as a starting point but must be supplemented by factual parameters, including expert testimony, judicial scales, and the injured party’s statements, to form a comprehensive assessment. The cumulative application of legal and factual criteria ensures fair compensation, avoiding unjust enrichment or excessive impoverishment. It guarantees full but not excessive restitution, aligning with fundamental principles of compensation law. Thus, assessing damages involves both legal and factual evaluations, enabling courts to determine appropriate monetary awards that restore balance and satisfy legal principles of fairness and completeness.