Keywords
civil responsibility
probation (law)
compensation (law)
How to Cite
Abstract
The moral damage is accepted as one of the ways of damage. It is reasonable to define then as that which takes place for the violation of the inherent rights to the personality, as well as any type of affectation or interference that the human being suffers in his interests, aspirations, feelings or intellectual capacities as consequence of an illicit act. The pecuniary repair of the moral damage proceeds whenever it is understood that it is carrying out its functions of compensation and satisfaction, never of equivalent. The pecuniary repair of the moral damage is personal, but it is transmissible inter vivos or mortis causa. Another controversial topic concerns the burden of proof required in cases of moral damage; the dominant position nowadays demand clear and convincing evidence, that be appreciated for court.
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