Criterii de stabilire a daunelor morale: caracterul punitiv al daunelor ca satisfacţie pentru victimă. Repere europene şi naţionale

Rezumat

unitive damages are not related to the civil tort liability in the Romanian law – and generally, in the European law –, its legal regime being faithful to the principle of full repair of the loss. However, compared to Germany or France, where punitive damages and their influence are subject to certain important doctrinaire studies, the Romanian legal literature almost ignores this topic. This article aims at initiating a discussion related to whether and to which extent the punitive component may be taken into account in the process of determination of the amount of nonmaterial damages. The analysis starts from the role of punitive damages in the common law system, to further notice to which extent it affected the determination of the amount of nonmaterial damages in the European law, based on a particular overview over Germany and European Union. Finally, the analysis focuses on the case law of the Romanian courts, noticing their willingness to the idea of “satisfaction” attached to the compensations paid in relation to disputes having as object the repair of the nonmaterial damages consisting in losses caused to human personality.