1. A new sanction in the protection of personality rights
Solatium Doloris
A new sanction in the protection of personality rights

2. New Hungarian Civil Code
Renamed - replaced

3. Definition of solatium doloris
“Any person whose rights relating to personality had been violated shall be entitled to solatium doloris for any non-material violation suffered”
Novelties:
new terminology
new place in the structure of the Code
new reference point: “non- material violation”

4. Conditions of solatium doloris
Infringement of personality rights (exemplifying list - no change)
Rules on liability are applicable - no new liability regime!
Apart from the fact of the infringement no other harm has to be verified for entitlement

5. Previously - damages for non-pecuniary loss
Evolution or creation?
Previously - damages for non-pecuniary loss

6. Achievements of ‘former’ judicial practice (21st century)
Identifying harm is the center element
Enrichment of list on personality rights
Easement on burden of proof:
commonly known facts (selective approach)!

7. Functions of solatium doloris
“A pinch of penal law under private law”

8. What are the objectives?
Compensation (damages)
Solace for loss of enjoyment of life (California - wide frames)
Private law punishment (?!?)
Satisfaction

9. Punitive damages in the United States
Great risk potential
Reckless and wanton conduct
‘Make it hurt!’
Exceptional and limited
State Farm v. BMW (9:1)
Baker v. Exxon (1:1)

10. Sorting out petty claims
Automatic or selective practice?

11. Varieties on one theme
Small amounts - time factor + “man of principles”
0 HUF (???) - monetary sanction
“Seriousness requirement” clause and its filters (objective, subjective)
Grade of ‘fault’ (entitlement?) - USA

12. Amounts
Pricing the invisible

13. Circumstances can (shall) be taken into account
Gravity of the infringement (behavior + accidental harm)
Degree of responsibility (Penal Code definitions!)
Impact on the aggrieved party and his environment (including claims of ‘relatives’?)
It was committed on one or more occasions (???)

14. Linking causation tight
Secondary victims
Linking causation tight

15. Primary and secondary victims
Opportunity for opening - identifying personality right is essential
Blood, kinship, legal connection
Emotional link (UK)

16. Transferable practice?
Prognosis
Transferable practice?

17. Expected effects of solatium doloris
Increased number of claims
‘Fine tuning’ in judicial practice
Integration of ‘soft’ personality rights - protection of privacy
Probably unchanged amounts: infringements against bodily integrity and health
Loss of ‘privilege to pay in installments’: one sum

18. Thanks for your attention!
Dr. Tamás Fézer, PhD
Associate Professor of Law
University of Debrecen
Faculty of Law