Compensation For Hedonic Damage As A Way To Protect Consumer Rights

Abstract

The article is devoted to solving the problem of compensation of the hedonic award for violation of consumer rights based on the universality of this method of protection of civil rights and interests. The scientific article, based on the analysis of literature, current legislation and case law, examines the problem of the possibility of moral damages as a way to protect the violated rights of the parties to the consumer contract, criteria for assessing the amount of hedonic damage compensation. It is concluded that, based on the provisions of Articles 16 and 23 of the Civil Code of Ukraine and the content of the right to compensation for hedonic damage in general as a way to protect subjective civil law, compensation for hedonic damage should occur in any case. Based on the analysis of case law, it is established that the right to compensation for hedonic (non-pecuniary) damage arises as a result of violation of a person’s right, regardless of the existence of special rules of civil law. The article proves that compensation for non-pecuniary damage is a universal way to protect violated consumer rights, which is applicable even in cases where the terms of the contract do not provide for the right to compensation for hedonic damage.