The basic functions of compensation for non-pecuniary damage in case of bodily injury
Abstract
The Constitutional Court has recently dealt with the issue in its decision of 13 March 2023, Case No. Pl. ÚS 27/23, the constitutional dimension of the provisions of § 2958 Civil Code. For at least the second time, it has held that the principle of decency forms an integral part of the injured party's right to full compensation. However, the concept of full compensation is a formless concept, which acquires its structure only when the state of affairs to be achieved in order to achieve full compensation is clarified. Therefore, the article, with the help of historical experience, introduces the reader to the basic functions of compensation for personal injury in the changes of time and, on these bases, clarifies the compensatory and restitutionary method of compensation, which, in the author's opinion, most closely corresponds to the meaning of full compensation.
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