ჯანმრთელობის დაზიანებით მიყენებული არამატერიალური ზიანის ანაზღაურება

In civil law, the idea of damage implies any type of encroachment of property protected under the law. The moral damage is a damage, which cannot be measured in economical view. Damage caused as a result of health damage implies any kind of illegal action causing moral trauma, which does not have a monetary equivalent. Compensation of moral damage for the health damage caused aims at minimization or elimination of the unpleasant experience or torture caused to a person a result of damage. Unpleasant experience or torture includes inconvenience caused by non-material damage, pain, health deterioration, mitigation of negative feelings caused by the torture, as well as emotions, which helps the victim to reach peace of mind in the future, restore his/her social interactions and involvement in activities.
Court decision analysis indicates, that requesting compensation for the health damage is a current topic of court practice. During the study certain problems accompanying claim ground and reimbursement criteria have been identified. First of all it shall be noted that, Georgian legislation does not provide accurate definition of damage compensation, what is a problem of court practice. At the same time, claim of damage compensation is admissible only in certain cases defined under the law.
During the study, the case was considered in the theoretical, as well as practical view. In what cases and to what extent should the moral damage caused by the damage of health shall be compensated, what shall be the criteria for defining mental torture experienced and how the amount of damage to be compensated shall be calculated- these are the basic issues, which I came across during my study.
This study provides both, theoretical aspects of the issue and the analysis of Georgian and European Court of Human Rights practices.