The harm of deprivation of use

By Cristian Martea, Cooperate Legal Services

n the field of civil liability, two types of damages are typically distinguished: pecuniary (material) damages and non-pecuniary (moral) damages. Legal doctrine has primarily differentiated them on the basis that the former are susceptible to financial quantification and the determination of an indemnity amount (quantum), whereas the latter—due to their very nature and frequent link to an individual's moral and psychological integrity—do not possess this characteristic.

The issue regarding the non-compensability of non-pecuniary damages due to their lack of financial quantifiability has long been overcome; their determination is now achieved through the application of the general equity clause.

Property rights essentially comprise three entitlements for the owner: the right to use, the right to enjoy the fruits (profits), and the right to dispose of the asset. Various situations giving rise to civil liability involve an infringement of property rights so sever...(continues in the PDF...)