On September 19, 2019, the Academy of Justice with the CTP and with the support of GIZ organized a training on “Compensation of material and immaterial damage and judicial practice”. The purpose of this training was to enhance the knowledge of judges on the compensation of material and immaterial damage as well as judicial practice in this field.
the first part of the training handled topics such as: material and immaterial damage according to LOR, responsibility for compensation of material and immaterial damage as a criterion for setting the amount of material and immaterial damage. Whereas in the second part were treated: the way of proving the during the compensation proceeding of the material and immaterial damage and the practice of setting the amount of material and immaterial damage compensation.
At the beginning of the training it was emphasized that the large number of damages litigation, whether material or immaterial and non-harmonization of the judicial practice in setting criteria’s for determining the amount of material and immaterial damage, are indicators that impose comprehensive treatment of this topic.
It was further emphasized that civil legal protection of goods and the existence of civil legal liability is an important segment in the context of ensuring a higher level of protection of human rights. Accurate determination of the liability of the person causing the damage and the exercise of the right of the injured party in the award of damages in non-contractual civil legal relations is one of the challenges of civil judges.
Although the case law is relatively developed on this topic, but the large number of cases in the courts of the Republic of Kosovo, the continuous increase of the number of cases for damage compensation has resulted in causing differences in the case law, so there are different criteria for determining the amount of material and immaterial damage, but also the method of establishing the factual situation in these cases are often flawed.
It was further stated that the purpose of the compensation of damages in our law, if we look at the legal provisions of the LOR on compensation of damages shows that is the obligation of the person responsible for restoring the condition that was before the damage was caused. Thus, the primary purpose of damages is to restore the situation before causing the damage, if this is not possible and it is usually impossible to fully restore i, then the responsible person is having to compensate the damage. The LOR prioritized compensation of damage based on the nature of the cause and also in cash, although in the case-law, cash compensation is more widely applied.
This training uses the methods of partial theoretical explanation, based on the case law accompanied by exercises, interactive discussions, material provided by the trainers, case analysis and breaking down the applicable legal provisions regulating this area, as well as clarifying the ambiguities mentioned above.
Beneficiaries of this training were basic court judges and professional associates.
19-09-2019