SHARE WITH FRIENDS:
MORAL DAMAGE
⚡️Question:
What is moral damage and how is it calculated?
⚡️Answer:
Moral damage should be understood as the mental and physical (humiliation, physical pain, damage, discomfort, etc.) sufferings experienced by the victim as a result of the act or inaction of the offense committed against the victim.
📃 According to Article 1022 of the Civil Code,
moral damage is compensated with money. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering inflicted on the victim and the degree of guilt of the person causing the damage.
🟢 The requirements of reasonableness and fairness should be taken into account when determining the amount of compensation. The nature of physical and mental suffering is assessed by a civil court, taking into account the actual circumstances of moral damage and the personal characteristics of the victim.
❗️Non-pecuniary damage is covered regardless of the property damage to be paid.
✏️ That is, if the guilty person does not get away with paying the property damage caused to the victim, but also pays moral damage by the court, in addition to the property damage, he also pays separate moral damage.