Scientific views of S.M. Korneev on the problem of compensation for moral harm in light of the development of the Civil doctrine and Civil legislation

Abstract

The article discusses the evolution of views on the problem of compensation for moral harm in Russian and foreign Civil doctrine. The author analyzes the features of the position on the issue of compensation for moral harm, expressed by Professor S.M. Korneev, as well as the approaches of modern law enforcement practice in cases of compensation for moral harm. The article shows the origin of the problem of compensation for moral harm in Roman law on the example of the so-called claims for insult. The possibility of compensation for moral harm in the Middle Ages was practically denied, largely due to the prevailing doctrine of restitution. Subsequently, the legislation on compensation for non-pecuniary damage was most developed in England. Ample opportunities to compensate for non-property damage to the victim began to be provided in France and Italy. In more conservative countries — Germany and Austria, as a result, they also recognized the legality of compensation for non-pecuniary damage. In Russia, it was initially possible to observe the beginnings of this institution, in the USSR they were gone. Compensation for moral harm became possible only during the period of “perestroika”. The current Russian legislation not only recognizes compensation for non-property dam age, but also provides for a wide frameworks for its application.

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