Summary

Under § 25 of the Constitution, everyone has the right to compensation for moral and material damage caused by the unlawful action of any person. Since the law does not provide the definition of moral damage, award of compensation for moral damage has caused problems in the court practice. The author examines positions adopted by courts in moral damage cases.
The General Part of the Civil Code Act prescribes measures for the protection of personal rights including compensation for moral damage. The author finds that courts have mistakenly interpreted the Act such that persons cannot claim compensation for moral damage if personal rights which are not specified in the General Part of the Civil Code Act have been violated. The author points out that, in such cases, persons may claim compensation for moral damage pursuant to the Constitution.
The author supports the position expressed in the German Civil Code and the Estonian draft Law of Obligations Act under which the law should establish cases where moral damage is subject to compensation. Although such a solution will make the work of the courts easier, it may be in conflict with § 25 of the Constitution.