Asmeninių neturtinių, nesusijusių su turtinėmis, teisių apsauga ir gynimas civilinėje teisėje

Abstract

Personal non-property rights and values are the objects protected by the law. Civil code enumerates personal non-property rights and values that are protected. Personal non-property rights are implemented in the same way as the others absolute character rights. Therefore person at his discretion can improve his personal rights and values keeping within the law. So in the purpose of protection non-property rights and values law determines limits which can’t be trespassed. The main way of protecting such values is recovering non-pecuniary damage from the person who infringes them. The institute of no pecuniary damage is of grate significance in the civil law today. Therefore, accurate interpretation and application of the relevant provisions of the Civil Code is of great importance. The research project presents an analysis of theoretical and practical aspects of the ways of protection and defense non-property values. The fact of being non-pecuniary damage and its’ value has to be proven. Substantiation is a duty of the aggrieved party. Particular attention is given to detail analysis of non-pecuniary damage as the basic way of protecting such rights, presenting different criterions that should be taken into consideration by the court in assessing the amount of non-pecuniary damage. However non-pecuniary damage is specific because harm is maid to personal non-property rights and values that can be defined as the aggrieved parties internal experience and suffering that not always can be obvious. Nor court nor anybody else can adequacy value human emotions. Due to the fact that in recovering non-pecuniary damage the damages incurred can not be compensated in full, an attempt has been made to characterize the special features applicable in recovering non-pecuniary damage, to explain its meaning. Also the great attention has been given to the existing court practice in respect of this institute.