On the powers of court in determining ex aequo et bono the amount of compensation for nonproperty damages

Abstract

The article considers the scope of Court’s powers when determining an equitable compensation for non-property damages suffered. The conclusion arrived at is that, when determining the amount of compensation, the Court is free to make its own estimation of the compensation due and must only be guided by the legal requirement regarding the said compensation, namely that it has to be equitable. When adjudging the compensation, the Court is restricted to what is declared in the statement of claim, and the Court is not allowed to adjudge an amount that exceeds the one sought in the petition of the statement of claim.