The Slovenian Obligations Code governs compensation for damages caused by harmful acts or omissions. This article will explore the challenges and considerations involved in seeking compensation for non-material damage in Slovenian law. As a Slovenian law firm, we can provide corresponding legal advice and services to our clients in Slovenia.

Types of Damage and Compensation

Article 132 of the Obligations Code defines the types of damage that can be compensated, including non-material damage. Non-material damage refers to harm that is not physical or financial in nature. The types of damage are twofold: material and non-material. Material damage is the loss of or damage to tangible property, while non-material damage refers to harm that is not physical or financial in nature.

Under Article 179(1) of the Obligations Code, the injured party is entitled to just (fair) monetary compensation independent of the reimbursement of material damage for physical and mental distress, disfigurement, defamation of good name or reputation, curtailment of freedom or a personal right, or death of close kin. Compensation for non-material damage is intended to restore the injured party to the position they would have been in had the damaging act not occurred. This principle is known as the rule of “Full compensation” from Article 169 of the Obligations Code.

Determining Compensation for Non-Material Damage

Non-material damage is particularly challenging to determine in relation to the rule of full compensation. It is difficult to ascertain the amount necessary to restore the situation that would have been if the damaging act had not occurred. The amount of compensation for non-material damage shall depend on the importance of the good affected and the purpose of the compensation, and may not support tendencies that are not compatible with the nature and purpose thereof.

The extent of damages in the procedure is typically determined by an expert witness. However, the expert witness cannot be used to determine the claim itself, which should be formed at the beginning of the procedure. The amount of compensation for non-material damage should be determined based on the extent of the damage, the duration of the distress or fear, and the nature and purpose of the compensation.

Challenges in Filing a Claim for Damages

Plaintiffs may encounter obstacles when filing a claim for damages, as the Civil Procedure Act in Article 2 stipulates that the court shall decide within the limits of the claim put forward. If the plaintiff asks for too much, they may be partially rejected, and thus potentially liable to recover part of the court fees of the opposing party. If the plaintiff asks for too little, the court can award them only that even if they would have been entitled to more based on the extent of the damages.

The injured party should, therefore, engage the services of an experienced Slovenian lawyer to assist them in determining the amount sought and conducting the procedure. A competent lawyer in Slovenia can assist the injured party in determining the amount of compensation they are entitled to and assist them in filing a claim within the appropriate legal limits.

Expert Legal Services in Slovenia

As a law firm in Ljubljana, Slovenia, we provide legal services to both domestic and foreign clients seeking compensation for non-material damages. Our team of lawyers in Ljubljana, Slovenia is well-versed in navigating the complex legal process and ensuring that our clients receive the compensation they are entitled to. Our legal services in Slovenia include:

• Legal advice and consultation on compensation for non-material damage

• Legal representation and advocacy in legal proceedings

• Assistance with filing claims and determining the appropriate amount sought

• Skilled negotiation on behalf of our clients

Whether you are seeking compensation for non-material damage caused by a harmful act or omission, our team of Slovenian lawyers is here to provide you with the legal services you need.

Conclusion

In conclusion, seeking compensation for non-material damage in Slovenian law can be a complex and challenging process. Non-material damage refers to harm that is not physical or financial in nature, and determining the appropriate amount of compensation can be difficult. However, under the Slovenian Obligations Code, the injured party is entitled to just monetary compensation for non-material damage. It is important for plaintiffs to engage the services of an experienced Slovenian lawyer who can assist them in determining the amount sought and conducting the legal procedure. As a law firm in Slovenia, we provide expert legal services to clients seeking compensation for non-material damage, including legal advice, representation, assistance with filing claims, and skilled negotiation. With the help of our team of lawyers, clients can receive the compensation they are entitled to for non-material damage caused by harmful acts or omissions.