Non-Pecuniary Compensatory Damages. Comparative Law Aspects – Specific References to France and Italy

Abstract

The article briefly outlines the evolution of the non material damage concept in Romanian civil law as well as the conversion hereof in other states’ legislation especially of France and Italy. This legislation adjunction is not at all random considering the fact that these are EU member states and share a common juridical patrimony inherited from Roman law. The article also presents the analyses of the European Guidelines drafted by the European Group on Tort Law, principles aiming for the harmonisation of European legislation in matters relating to tort. The article concludes with an assessment of national current regulation on compensation of non material damage.

Keywords

• tort liability
• non material damage
• damage/expense
• moral
• compensation