Acta Universitatis Danubius. Juridica, Vol 13, No 3 (2017)

Abstract

Compensation for immaterial damage is one of the most important instruments in the positive right in Kosovo, both in terms of legal regulations as well as for the special relevance of the case law. Violation of personality rights represents one of the most important fundamental forms for compensation of immaterial (moral) damages. In this paper, we are going to address key issues related to personality rights, entailing those moral values of a person through which freedom, physical, moral and spiritual integrity are expressed, which at the same time are a constitutional and legal category, expressively provided for by Constitution, the Law on Obligational Relations. Compensation for immaterial damage is of great importance for the primary function it has for the victim, being the satisfaction to the injured party. According to Kosovo LOR, the injured party has the right to repair of the immaterial damages caused by the infringement of moral integrity by the other party, with the rendering of a judgment or correcting the error. The paper is based on literature in the theoretical and legislative aspect. The end of the paper provides important recommendations for the future legal framework in regard to compensation for immaterial damage in Kosovo, more precisely for the Civil Code of Kosovo.