Theoretical and legal foundations for assessing and compensating for harm to health in the physical sense: rejection of the formula “cannot be assessed, cannot be compensated” in domestic civil law

Abstract

This monograph sheds light on the problem of assessing and compensating for harm caused by damage to a citizen’s health. The author notes that when mentioning such harm, a modern civil scientist leads himself into a situation of “scientific dead end”, stating the special, extraordinary value of the basic intangible benefits of an individual and at the same time refusing to attempt to justify the parameters for its full and effective compensation. The stated approach fits into the formula “not to evaluate cannot be compensated”, constructed by analogy with the expression known to everyone from childhood “to execute cannot be pardoned”, where the comma is set according to the prevailing doctrinal views. As a means of solving the identified problems, the author proposed a conceptual approach based on giving legal significance to manifestations of damage to a citizen’s health, considered in their direct, physical meaning. The monograph formulates the concept of physical harm and defines the prerequisites for constructing an optimal regime for legal regulation of its assessment and compensation. Intended for teaching staff, researchers, individuals studying in educational institutions of higher education in legal specialties (areas of training), and anyone interested in the problems of the development of domestic tort law.