Solatium (plural ''solatia'') is a form of
compensation for emotional rather than physical or financial harm. The word entered English during the 1810s, as a loanword from Latin or .
World examples
England & Wales
Section 1A of the
Fatal Accidents Act 1976
The Fatal Accidents Act 1976 (c 30) is an Act of the Parliament of the United Kingdom, that allows relatives of people killed by the wrongdoing of others to recover damages.
Background
The Fatal Accidents Act 1846 had allowed claims for damages ...
provides that in an action for wrongful death the spouse,
civil partner
Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples.
History
Civil partnerships were introduced for same-sex couples under the terms of the Civil Partnershi ...
or parents (where the deceased is a
minor
Minor may refer to:
* Minor (law), a person under the age of certain legal activities.
** A person who has not reached the age of majority
* Academic minor, a secondary field of study in undergraduate education
Music theory
*Minor chord
** Barb ...
) of the deceased may claim damages for bereavement, which are awarded in the amount of a fixed sum. This has been described as a ''soliatum''.
India
In India, victims of crimes that receive widespread media coverage are frequently recipients of one-time solatium payments from governments.
Scots law
It is used in
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
mainly to denote reparation for pain and suffering in personal injury cases (although it can also be awarded in other types of cases), but also has a more technical meaning as the form of reparation available in an
actio iniuriarum. In the former respect it is similar, but not identical, to the
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, be ...
concept of general damages; Scots law damages are divided into pecuniary and non-pecuniary losses, rather than general and special damages. In the latter sense, there is no ready English equivalent, as English law did not receive the legacy of the Roman ''actio iniuriarum''.
South Africa
It is used in
South African law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law syste ...
as a delictual remedy for pain and suffering. To sue for solatium, a claimant must institute an action for pain and suffering or an ''actio iniuriarum''.
United States
Beginning during the
War in Vietnam
The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
, and continuing in Iraq and Afghanistan, the US
Department of Defense Department of Defence or Department of Defense may refer to:
Current departments of defence
* Department of Defence (Australia)
* Department of National Defence (Canada)
* Department of Defence (Ireland)
* Department of National Defense (Philippin ...
(DOD) provides monetary assistance in the form of solatia and condolence payments to Iraqi and Afghan nationals who are killed, injured, or incur property damage as a result of U.S. or coalition forces’ actions during combat.
References
Latin legal terminology
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