24 September 2018

Compensation of non-pecuniary loss of close relatives

Compensation of non-pecuniary loss of close relatives : a comparative study on some European Union member countries' and Swiss legislation and practices - Gabriela Lenarczyk
This publication aims to briefly compare the legal regulations on non-pecuniary loss of close relatives of the following countries: Czech Republic, Denmark, England and Wales, France, Germany, Greece, Hungary, Ireland, Northern Ireland, Poland, Portugal, Spain, Sweden and Switzerland, creating a compendium of information on the perception of non-pecuniary damage, entitled persons, legal recourses available as well as the amounts typically awarded. The article features insight on domestic procedures and practices provided by the members of the Pan-European Organisation of Personal Injury Lawyers, including their estimates of legal proceedings' lengths and settlement frequency levels. Conclusions are drawn as to the current Polish legislation compared to other European countries. The author offers de lege ferenda remarks in light of the Ministry of Justice's works on article 446 § 4 of the Polish Civil Code.

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