Explanation of Article 138
This article addresses the inclusion of compensation for moral damage. It stipulates that compensation for a harmful act includes compensation for moral damage. It clarifies that moral damage encompasses any sensory or psychological harm inflicted on a natural person as a result of infringement on their body, freedom, honor, reputation, or social status. The article specifies that the right to compensation for moral damage does not transfer to others unless its value is determined by a statutory provision, agreement, or judicial ruling. The court assesses the moral damage, taking into account the type and nature of the damage and the person harmed.
Related To
Article 138
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Compensation for a harmful act shall include compensation for moral harm.
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Moral harm shall include physical or psychological harm sustained by a natural person as a result of an infringement on his body, freedom, honor, reputation, or social standing.
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The right to compensation for moral harm may not be transferred to a third party, unless its value is determined pursuant to a legal provision, agreement, or judicial ruling.
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The court shall assess the moral harm sustained by an aggrieved party, taking into consideration the type and nature of such harm and the person of the aggrieved party.