Immaterial Damage and Some Types of its Compensation


Damage, Causing Damage, Material Damage, Immaterial Damage, Compensation of Immaterial Damage, Criteria for Compensation of Immaterial Damage, Types of Immaterial Damage.

How to Cite

SADIKU, A. (2020). Immaterial Damage and Some Types of its Compensation. PRIZREN SOCIAL SCIENCE JOURNAL, 4(1), 50-56.


The purpose of any legal system is the regulation and harmonization of actions between people within their respective societies. Now in almost every thesis of this nature you will come across a reference to one of the principles on which the relationship between people should be constructed; the prohibition to cause damage to another, and in case of non-respecting this principle, as it happens in many cases for various reasons, the obligation of indemnity arises, that aims restoring of a situation which was prior to causing of the damage, and the realization of this target is in direct correlation with the nature of the damage caused, and in case of immaterial damage, it is almost unattainable, target, but that does not affect the need to compensate damages of such nature. The issue of immaterial damage compensation is one of the most controversial and current matters in the theory and judicial practice, and this not only because it includes the matters of protecting an  individual, his rights to invulnerability as an individual, but even due to the fact  that the lack of criteria for the assessment of immaterial damage, influenced to the reference on various criteria, thus creating a change in judicial practice, in regard to the amount of defined compensation for similar cases. This thesis addresses immaterial damage, in regard to its forms of presentation, and then the procedure of immaterial damage compensation and the criteria based on which are assessed; the nature and the extent of the caused damage for the effect of its compensation.

Key words: Damage, Causing Damage, Material Damage, Immaterial Damage, Compensation of Immaterial Damage, Criteria for Compensation of Immaterial Damage, Types of Immaterial Damage.


1. Law on Obligation Relations of the Republic of Kosovo, Law no. 04/L-077, dated 10.05.2012, article: 136,137, 155, 182, 183, 184, 357
2. Lubisha Milloshevic, Law on Obligation, Pristina, p.,150
3. Decision no.12, dated 14.09.2007 of the Civil College of High Court Republic of Albania
4. Nergjivane Dauti, Law on Obligation, Pristina, 2004, p., 197-200
5. Afet Mamuti, Civil Liability for Damage Compensation in Macedonia (Doctoral Dissertation), Tirana, 2013, p., 165-168
6. Judgment, 418/17, dated 19.12.2018, issued by the Basic Court in Peja - Branch in Klina
7. Judgment,, dated 18.01.2017, issued by the Court of Appeal of Kosovo in Pristina
8. Civil Code of the Republic of Albania, Law no.7850, dated 29.7.1994, article 643
9. Alajdin Alishani, Law on Obligation, Pristina, 2002, p., 560
10. Law on Contested Claim of the Republic of Kosovo, Law no.03/L-006, dated 30.06.2008, article 47, 356
11. Michel Cannarsa, Compensation for Personal Injury in France,p., 11-12
12. Altin Shegani, Ylli Pjetërnikaj, Valbona Nano, E drejta – Law, no.1-4/2016, p., 41
13. Ina Hoxhaj, Assertion and silence as a means of proof in civil trial, “Lawyer”, no.26, 2018
14. W.V.Harton Rogers, Comparative Report in Damages for Non-Pecuniary Loss in a Comperative Perspective 246 (W.V. Harton Rogers ed.,2001) at 268-75, in G.Comande, Doing Away with Inequality in Loss of Enjoyment of Life, op.J.,Vol.1/2009, paper n.2 pp.1-18, p., 5
15. Regulation on Criteria for the Evaluation of Non- Material Damage from Liability, approved by the Central Bank of the Republic of Kosovo, dated 15.09.2016, article 31-34
16. Erdelevsky, A.M. (2004). Moral damage: analysis and commentary of legislation and judicial practice. 3-rd ed. Wolters Kluwer, p., 103
17. Lars Noah, Comfortably Numb: Medicalizing (and Mitigating) Pain-and-Suffering Damages, 42 U. Mich. J. L. Reform 431 (2009). Available at:, -p.,452- 460
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Copyright (c) 2020 Array


Download data is not yet available.