FEAR AS A FORM OF NON-PECUNIARY DAMAGE

Abstract

The authors analyzed comparative legislation in the area of tort law. The paper referred different legislative solutions in legislations regarding prescribing fear as an independent form of non-pecuniary damage. They found that a small number of legislations in which fear determine as a special form of non-pecuniary damage. Such solutions have been adopted in legislations in states originating through secession from The Socialist Federal Republic of Yugoslavia (SFRY) in which have also taken over that Yugoslav Law of Obligations incorporating it into their own legislation: Slovenia, Bosnia and Herzegovina, Croatia, Macedonia, Serbia, Montenegro. In other european countries fear is not determined as a separate form of non-pecuniary damage, but the compensation for experienced fear, within mental suffering, is awarded by court’s decisions.