NON-PECUNIARY DAMAGE COMPENSATION IN CASES OF INFRINGEMENT OF HONOUR IN THE SCOPE OF ARTICLE 5 OF THE BASIC LAW OF GERMANY

Abstract

This article is devoted to the right to honour in German law as well as compensation of non-pecuniary damage. The study is primarily focused on German national law, namely civil law.

The aim of the article is to study a right to honour as well as protection of right to honour by means of compensation of non-pecuniary damage. The honour is examined in the scope of article 5 of Basic Law of Federal Republic of Germany. The issue is controversial. There is a lack of proper regulation in legislation as well as uniformity in legal literature.

First, a notion of honour is analysed. German legislation does not contain a proper notion of honour. The analysis of legal literature indicates a dualistic approach to the notion of honour: internal honour as well as external honour.

Second, an issue of honour in civil law is exposed. Civil Code of Germany does not contain norms on honour. Nevertheless, the German criminal Code contains a number of crimes, protecting personal honour against defamatory statements. Protection of honour by Civil Law is based on these norms. However, the most important means of honour protections are based on the general right of personality developed by judges.

Last but not least, the issue of non-pecuniary damage compensation is examined.