Explanation of Article 137
This article clarifies the determination of the damage for which the responsible party is obligated to compensate, consisting of two elements: the loss suffered by the injured party and the gain missed. The article establishes a criterion for the realization of these two elements, which is that the damage must be a natural result of the harmful act and that the injured party could not have avoided it by exerting reasonable effort as required by the circumstances of the case from an ordinary person. It also indicates that the compensation includes both material and moral damage and is not limited to foreseeable damage.
Related To
Article 137
The harm for which a person is liable for compensation shall be determined according to the aggrieved party's loss, whether the loss is incurred or in the form of lost profits, if such loss is a natural result of the harmful act. Such loss shall be deemed a natural result of the harmful act if the aggrieved party is unable to avoid such harm by exercising the level of care a reasonable person would exercise under similar circumstances.