On the Discovery of Missed Benefit Damages, Resulting from Securing the Claim by Imposition of the Protective Measure Freezing of a Pecuniary Sum in a Bank Account

Abstract

The article presents an opinion on the selected under art. 288 of the Civil Procedure Code cassation case which asks whether the claimant should prove the damages claimed pursuant to art. 403 of the Civil Procedure Code, which constitute missed benefit damages, resulting from securing the claim by imposition of the protective measure freezing of a pecuniary sum in a bank account, and whether the presumption for the missed benefits should be based on an established beyond doubt increase of the property of the individual who incurred the above-mentioned damages.