How to determine the amount of compensation for moral harm

Determine the degree of guilt. In civil law, fault is a condition, not a measure of responsibility. In determining the size of moral compensation the court takes into account the attitude of the defendant to perfect their actions that brought harm. It should be noted that according to article 1100 of the Civil code this point is not taken into account, if the damage was caused: health or life a source of danger; illegal bringing to criminal unesennoe; the spread of information that discredits the dignity, honour or business reputation of the applicant.

Consider the degree of physical and moral suffering connected with individual peculiarities of the victim from inflicting harm. Physical suffering are divided into: pain, nausea, dyspnea, dizziness and other pain. Under moral suffering refers to: grief, fear, humiliation, shame, anxiety and other negative emotions. This takes into account the individual characteristics of the victim. For example, if a woman bitten by a dog, the size of compensationis likely she will earn more than man, which is more resistant to such incidents.

Follow the requirements of reasonableness and fairness, which are governed by article 1101 of the civil code. This implies that the size of compensation of moral harm must match the depth of suffering, i.e. the larger it is, the greater will be the payout. However, practice shows that for the same violations do not always awarded the same compensation.

Analyze these factors and define the size of compensation of moral harm, which fits your situation. Please remember that you are unlikely to get the required amount as the court decides on the basis of all factors and available evidence.