The Elements of Punitive Damages in Slovenian LawElementi kaznovalne odškodnine v slovenskem pravnem redu
The institute of punitive damages is controversial in continental as well as in Anglo-Saxon legal environment. It can be defined as monetary compensation awarded to an injured party that goes beyond the amount, necessary to compensate the individual for losses and that is intended to punish the wrongdoer. The article analyses slovenian law and tries to shed a light on parts of slovene legal system which pursue the goals of prevention, deterrence and punishment as principle goals of punitive damages. The above mentioned analysis leads to a conclusion that punishment of the wrongdoer is not accepted in slovenian legal environment, at least not to the point equivalent to restitution and satisfaction.
punitive damages, non-pecuniary losses, personal rights infringement by press, protection of name and goodwill of legal entities, right to a trial in reasonable time infringment, liquidated damages, judicial penalty, praetium affectionis, punitive damages in labor law.
Full text (in Slovenian with English summary): PDF
Varl, Maruša: Elementi kaznovalne odškodnine v slovenskem pravnem redu,
in: Zbornik znanstvenih razprav, 76 (2016), pp. 235 – 264, DOI: http://doi.org/10.23666/zzr201608