Often, as a result of unlawful actions of other people, a person causes physical, moral or material damage.In this regard, it can apply to the court for redress.Compensation for moral damage legally enshrined in Article 151 of the Civil Code.In fact, the moral harm are all suffering (physical and mental) arising in connection with the violation of individual human rights by another person, encroachments on intangible benefits and some other cases specified by law.Infringement can be directed to the life, health and integrity of one's life, copyright, dignity of the individual, professional and business reputation, family and personal privacy, etc.
compensation for moral damages under the law shall be paid in cash offender by the court.The amount of non-pecuniary damage caused to declare himself the victim, but it does not mean that it necessarily will be approved by the court.In determining the amount of compensation, the court takes into account the degree of culpability of the offender, the moral and physical suffering of the victim, as well as other relevant circumstances.The court must be guided by the requirements of reasonableness and fairness.
to claim compensation was justified, the actions of the offender should call the victim's psychological reaction in the form of negative feelings and emotions (fear, humiliation, shame, etc.).
For reimbursement does not matter, deliberately committed acts which caused moral damage, or recklessly - in the following cases:
- if the damage caused to life and health of a source of danger;
- if the damage was caused as a result of illegal bringing persons to criminal liability, detention - arrest;unlawful conviction of the citizen;hard labor or detention;
- if the damage arose in connection with the spread of information that defames the dignity, honor and business reputation of a person;
- in other cases, in accordance with the law.
When violations of property rights, compensation for non-pecuniary damage shall be compensated only in cases that are directly provided for by law.An example might be, "Consumer Protection Law", which is used in a variety of circumstances in connection with the conclusion of contracts (lease, sale, renting, various services, etc.).
When the non-pecuniary damage as a result of the dissemination of information discrediting the person, the citizen has a right to compensation regardless of whether the worse opinion of him in reality or not.
court may take into account a variety of circumstances in order to determine what amount will be paid compensation for moral damages.Judicial practice comes from the fact that the financial situation of the person causing the damage, as well as its ability to reimburse must be taken into account.Payments can be made non-pecuniary damage and third parties, such as relatives of persons who have been injured at work and unable to continue working, dependent on which they are located.
compensation for moral damage - a common occurrence due to the fact that people are injured, causing physical suffering during the crash and during the hospital stay.He is aware of his inferiority, can not return to his former life and experiencing mental suffering.Since man suffered non-pecuniary damage, it is necessary to pay the appropriate compensation.However, compensation for moral damage in an accident must not be a way to "grab" a lot of money to the victim caused the harm.Court to determine what amount should be paid as compensation, should proceed from the requirements of reasonableness and this principle is obliged to limit the amounts claimed.
