THE RELATION BETWEEN A PETITION RIGHT AND A DUTY TO COMPENSATE CAUSED DAMAGE

Abstract

Regarding the relation between constitutional protection that is given to a petition right and the fundamental rule of civil law that everybody who causes a damage to somebody is obliged to compensate it, the author is dealing with the question how civil courts should treat complaints for compensation of non-material damage  caused with a petition if there is no criminal verdict and suggests that civil courts should not be bounded with nonexistence of criminal verdict and that they should be allowed to regard criminal act as a prejudicial, previous question and solve the case in that manner, because it is not advisable to leave the aggrieved party without any protection. Furthermore, the other tendencies of civil law will be analisyed which are also important in trials concering the petition right and non-material damage, because courts do not answer in the same way to these problems.