The new civic law introduces a new concept, the so-called price of special popularity. Here for me I have anything that you have an emotional relationship to, a short that is very important to everyone.
For example, a star, a half-ruined cottage with zero thorn value, a letter to two old grandmothers, family photos, a worthless collection of stamps, or a tree that you planted on the day your first son was born to you. beloved, or you are somehow emotionally attached to them.
“If someone knows this thing on purpose, according to the new civil law, you have the first one to pay compensation, not only at the usual price. You will be able to claim compensation in court for the non-property (psychological) cause caused. And that often gives me an often negligible price, ”explains Petr Ustek from the Department of Civil Law at the First Faculty of Charles University.
Although the special institute of compensation for the property of the existing civil law is unknown, first of all the geographic news.
Vc vm must be damaged by whimsy and rudeness
“If he has damaged something out of arbitrariness or rudeness, he will replace the price of the person with special popularity,” he says at the end. What exactly does this mean? “In order to enforce the year, the one who damaged us must meet at least one of the two monch conditions,” says Petr ustek and the terms explained to the treasure broken mirror at the wind, ie a car that has great emotional value for the owner:
- If someone breaks a mirror just out of whim, in short, just to sweat, to someone unknown, he caused the code, no matter to whom the retort is raised, it is about ppad svvole.
- When the destroyer is that it is a car after his great-grandfather, that its owner is repairing it and the flight is every weekend, ppad kernel stick. These are cases where he can sweat the effect of the code of a specific hunter.
Because such things are unique, it is not enough to replace the code caused by their damage and destruction only by the amount that corresponded to the price of the thing, ie the purchase price.
The refund will not be given by days tables
You must determine for yourself what suffering you have suffered, and you must justify the reasoning. It will be based on the rules of decency and proportionality to what happened.
And the proof will be on vs. You must prove your special attitude to the case in court by your own testimony, or by a witness, or by other written evidence.
According to him, will it be decoupled? “According to what is fair. Novobansk will be based on a fair trial of the court, there are no tables here that would determine any particular order, ”adds the first.
And is there a guide to how judges should proceed in such cases? ”No, there is no guide, and there is no reason for it. The judges may have knees, but this is a question of the property of a non-proprietor committing a very special relationship between a hunter and a specific thing. The judge must assess what is socially acceptable and fair in relation to the specific circumstances of the case, ”says Petr ustek.
It is the same principle as when paying pension pensions is now determined, when someone public insult or bulldog suspects that you have an unhealthy relationship and the like. So you can judge the sun of the pension.