Daune Morale Temei Legal in Noul Cod Civil

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Let us also recall the case of Ernestina Zullo v. Italy, in which the Strasbourg Court, which found a violation of Article 6 of the Convention as regards the length of domestic judicial proceedings (9 years), specified in its judgment several criteria for determining non-pecuniary damage. The aspects of civil liability for one`s own act as well as the general conditions under which liability may arise can be found in Article 1349(1) to (2) and Articles 1357 to 1371 of the new Civil Code. We must also take into account the provisions of articles 1381 to 1395 of the new Civil Code, which govern the rules for compensation for damage caused under the conditions of civil liability in all cases. [7] The Bucharest Article 1 Court, Criminal Judgment No. 715 of 09.03.2006, cited in d.G.Matei. Moral prejudice. Practica judiciară, Bukaurești, éd. Hamangiu, 2007, p.

1. 46-48 In contemporary education, damages are divided into: financial loss, bodily injury and immaterial damage or moral damage. In our literature, the question of damage due to the loss of the chance to obtain an advantage penetrated the concerns of doctrines after the entry into force of the new Civil Code. Judicial practice prior to the new Code, particularly after 1989, recognized this damage and ordered compensation for the damage, even if the injured party was not employed at the time of the injury, but there was some evidence that he would take employment, the delay in employment being due to the illegal act. In addition, compensation was awarded even if the injured party was a minor and was not employed, the loss or reduction of his capacity to work certainly leading to the finding that the person concerned could not work at the time when he reached the age set by the Labour Code. At the beginning of the new millennium, knowledge of the stress caused by a significant event has grown enormously. Assessments of psychological state based on the concept of post-traumatic stress or psychiatric injury are accepted. Psychiatric damage is that caused by an unexpected shock felt in the nervous system and recognized by the characteristics of manifestation by a psychiatrist. The most common nervous disorders that can occur after such a shock are reactionary depression, neuroses or post-traumatic stress disorder. Those who conducted the first studies were military doctors who wanted to know what effects psychological trauma has on the mental state of the military. [10] They identified World War I syndrome or grenade shock, the shock caused by a bomb explosion. There are two types of damage: damage and moratorium.

Damages are cash damages paid to the creditor to compensate for the damage caused to him by the total or partial non-performance or improper performance of the debtor`s obligations (for example, in the event of total non-compliance with the contractor`s obligations to build a house, he owes the customer the value of the performance that was refused to him). Default damages are cash damages that correspond to the damages suffered by the creditor due to the delay in the performance of the obligation by the debtor (in the previous example, the entrepreneur fulfills his obligation to the customer, but with the delay, the creditor suffers damage due to the delay because he had to pay rent because he was unable to: to live in the house). The main difference between the two categories of damages: damages replace performance in the form of benefits in kind of contractual obligations and are therefore not cumulated with it (the debtor cannot be obliged at the same time to pay damages and perform the services to which he is contractually entitled in the form of benefits in kind), and damages caused by delay are always cumulated with the performance of the obligation or with the payment of damages. Compensatory. The assessment of damages can be done in three ways: judicial (by the court), judicial (only for obligations relating to sums of money, on the basis of the interest provided for by law) and conventional (by mutual agreement of the parties). The essence of civil liability arising from tort is the existence of damage caused by the violation of a person`s subjective rights or legitimate interests, objective conditions but without which no obligation of recourse can be established. [4] Compensation for damage caused for recreational purposes has always been discussed in the literature, even if compensation for immaterial damage was not permitted. In summary, in order to receive compensation in such a situation, the victim must prove that he or she failed to obtain an advantage or a certain favour, which was almost certain for him or her if the perpetrator`s unlawful act had not occurred. In accordance with the provisions of paragraph (4) art. 1385 of the new Civil Code: “Compensation is proportionate to the probability of obtaining the advantage or, where appropriate, avoiding harm, taking into account the circumstances and the specific situation of the victim.” While in Western Europe, the rules of civil liability were completely separate from those of criminal liability during the French Revolution of 1789, separation in the Romanian principalities is achieved by the provisions contained in the Code of Calimach (1817) for Moldavia and the Caragea Law (1818) for Wallachia, perfected by the Romanian Civil Code, which came into force on December 1, 1865. 1. The term “damage” may be used only for negative civil consequences of a material nature resulting from legal facts or acts of any kind.

In cases of unfair competition where there is confusion, a direct finding of injury is not possible because there is confusion in the mind of the consumer and the possibility of confusion is sufficient. The amount of non-pecuniary damage depends on the seriousness of the act of unfair competition, the strength of the counterfeit trademark and the extent to which its impact on consumers has been reduced[15]. The complainants` criticism that the General Court accepted Order No 14/2011 and not the abovementioned guide for determining the amount of non-material damage – the appeal of which has only the value of an additional argument put forward to enhance the fairness of the solution provided – cannot be accepted as long as the Court adopts the normative framework for quantifying non-material damage in accordance with the provisions of Article 49, paragraph 2(f) GDPR. (d) has established this Decision, in the sense that in the event of death, non-material damage shall be established in accordance with Romanian law and case-law. However, the General Court based its solution precisely on the solutions set out in Romanian legislation and case-law. With regard to the determination of the extent of interest in damages, it should be mentioned that this can be done by the court, by the parties, by their testamentary agreement or directly by law. The determination of the extent of interest in damages by the courts must be carried out in accordance with the principle of full damages (damnum emergens et lucrum cessans) in order to bring the parties back to the previous situation. It should be noted that the assessment of damage in this case is carried out after the date of promulgation of the court decision. Swiss civil law regulates only certain situations in which the injured party may receive financial compensation for non-pecuniary damage, namely: in the event of a violation of personal interests, in the event of bodily injury and in the event of the death of a person. For example, there are texts in Swiss social security legislation that regulate how the allowance is determined and set a maximum amount that cannot be exceeded.

Under Swiss civil law, Article 49, paragraph 1, of the Code of Obligations provides that the claimant is entitled to compensation in the event of damage to personal interests if this is justified by the seriousness of the damage and the particular gravity of the error. For example, when the damage was described as serious, the Swiss courts awarded non-material damages: 440,000 francs for the aesthetic damage of a 16-year-old boy who is so badly burned that the scar remains tense, which above all reduces the chances of marriage. In Austrian civil law, it is based on the Civil Code, according to which no distinction is made between the types of damage, according to which the “damage” is of both a material and moral nature.

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