Analytical overview of compensation understanding

Dana Segale

Research output: Contribution to conferenceAbstractpeer-review

Abstract

Analyzing understanding of compensation from the aspect of Civil Law and the perspective of resolving civil disputes, the aim is to understand the essence of the concept, the difference from the similar ones included in other legal norms in their verbal aspect, but different in essence.  The article provides an analytical overview of the understanding of redress found in the literature, case law and publications of authors in various fields of law. in terms of literature, the descriptive method will be used to create the analysis and summary. In accordance with the provisions of Article 1635 of the Civil Law, the norm does not exclude compensation in several forms, not only in cash. Giving satisfaction as such can take other forms. Article 2352 of the Civil Law stipulates that if someone unlawfully robs another of his or her personal liberty, he or she must return it to him or her again and give him or her compensation, the term compensation includes moral compensation. In its turn, Article 2352.1 provides that if someone unlawfully infringes the honor and dignity of a person, it must be compensated. The said norm specifically determines the possibilities of compensation in material compensation. Only a person who is aware of his rights and who has the capacity and often is able to exercise it effectively. In the case of unjustified prejudice, the interests of a person to defend in a fair court are hindered by many factors. The Satversme of the Republic of Latvia envisages the subjective public right of a person to be informed about rights and also obLīgations, but the first part of Article 1635 of the Civil Law and the envisaged right of the victim to seek redress from the injured party, in so far as he can be blamed for this act.
Original languageEnglish
Pages4
Publication statusPublished - 24 Mar 2021
Externally publishedYes
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
Country/TerritoryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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