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Explanation of Article 136

Explanation of Article 136

This article addresses the general principle of compensation for damage, which is the full reparation of the damage by restoring the injured party to the position they were in or could have been in if the damage had not occurred. This standard ensures coverage of the obligation arising from tort liability, so that it does not fall short of covering the damage suffered, while at the same time, the compensation does not exceed what is deserved.

Article 136

Compensation shall fully cover the harm; it shall restore the aggrieved party to his original position or the position he would have been in had the harm not occurred.