Non-pecuniary damage is one of the legally recognized forms of damage in the Slovenian legal system. The Civil Code (OZ) regulates monetary compensation for non-pecuniary damage in Article 179. The amount of compensation for non-pecuniary damage depends on the significance of the affected interest and the purpose of the compensation, and must not support tendencies that are incompatible with the nature and purpose of compensation (i.e. just satisfaciton). Non-pecuniary damage is also recognized by the EU legal order, although it does not have a uniform regime of tort liability. On the contrary, the determination of rules for awarding monetary compensation falls within the jurisdiction of the member states, as the area is excluded from the EU's competence.
The master's thesis provides a detailed analysis of the development of the concept of non-pecuniary damage in four areas: personal data protection, privacy, defamation and discrimination and harassment in the workplace. All of these areas are still evolving in relation to compensation for non-pecuniary damage. Regardless of the fact that the aforementioned areas are regulated somewhat differently in various legislative sources, the general rules of civil law apply to all liability regarding tort liability. Thus, a person liable for non-pecuniary damage is accountable when all prerequisites for tort liability are met (i.e. unlawfulness, causation between the wrongful act and the resulting damage, damage and fault). This is presented in the master's thesis through the jurisprudence of the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR), and national courts.
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