Where there is a tort suffered, the injured person has legal right to pursue monetary recovery of damages in court, via tort claim. The goal is to reach compensation – for example, for suffered injury, damaged property, or harmed personal or property rights. Here are couple huge differences between the Bulgarian Tort Law and the Tort Law within the Common Law System:
2) Another shortcoming in my view in relation to awarding general damages in Tort Claims in local courts is the lack of any legal list or method for calculation of non-material (general) damages – in a Legal System which does not recognize Precedent Law and Case Law. Court practice (known as “jurisprudence”), here is not the major recognized sources of Law (although its role for interpretation of the legal principles increases during the last 10 years). So there is no governmental or legislative guide to the minimums or maximums of the non-pecuniary damages that could be pursued with a Tort claim. Following the provisions of the Tort Law, calculation of fair amount of these damages has been given to the judges to decide “in justice” on a free will, where restricted only up to the amount listed in the claim. I.e. they can not give you more than you wanted. But first of all, the injured person has no legal clues how to calculate the amount of suffered non-pecuniary and moral damages.