The Question of Compensation for Moral Damage in the Event of the Victim's Loss of Consciousness and/or Perception

 

Natia Makhatadze      [email protected]

 

Full regulation of the issue of compensation for moral damages remains an important and problematic legal issue. Georgian legislation does not fully regulate compensation for moral damages, which leads to ambiguity in practice. Independent assessment of individual cases within the broad discretionary powers of the courts often leads to different solutions for similar cases and risks the development of heterogeneous practice. For this reason, a systematic analysis of the various issues relating to compensation for moral damage and the establishment of a uniform legal framework are essential.

One of the important issues related to compensation for moral damage is the consideration of the admissibility of moral damage in cases of partial or complete loss of consciousness and perception of the victim. This issue is not directly regulated by Georgian legislation and there is no judicial practice in this regard, which makes it even more interesting to study. In the case of complete loss of consciousness and perception, it is necessary to study the compatibility of compensation for moral damage with its functions, since in such a case attributing moral damage to the victim may not achieve the goals of compensation for the damage caused and satisfaction of the victim, which makes the issue of general recognition of moral damage in such cases questionable.

The paper discusses the admissibility of moral damages in cases of loss of consciousness and/or perception of the victim, the protection of the victim's interests, the determination of the amount of moral damages and the distribution of the burden of proof, identifying the main problematic aspects and suggesting ways to resolve them.

 

Keywords: damage, moral, loss, consciousness, compensation, personality.