The quantification of indemnification for non-patrimonial damages: Analysis of jurisprudential criteria in determining the quantum debeatur

Authors

  • Fernanda Muraro Bonatto Università degli Studi di Ferrara

Keywords:

Jurisprudential criteria, Non patrimonial damage, Principle of reasonableness, Quantification, Rights of Personality.

Abstract

This study purposes to examine the difficulties in defining the value of indemnification for non-patrimonial damages, through the identification of the criteria established by TJ/RS and STJ jurisprudence, starting from the year 2000, as these criteria work as guidelines for a proper damage assessment. The jurisprudential criteria studied are the following: the seriousness of the fault, the concerned parties socioeconomic condition, the extent of the damage and the intensity of the victim’s suffering. Through the analysis of the application of these criteria by the above mentioned courts, we’ve reached the conclusion that only the application of the last two leads, according to the principle of reasonableness, to the accurate function of the indemnification: the satisfaction of the victim. The judge must be guided by the severity of the damage itself as well as the intensity of the suffering bearded by the victim.

Author Biography

Fernanda Muraro Bonatto, Università degli Studi di Ferrara

Doutoranda em comparação jurídica e histórico jurídica na Universidade de Ferrara (curriculum de direito das obrigações de dos contratos italiano, comparado e comunitário) Área de estudo: responsabilidade civil comparada. Orientador: Prof. Dr. Giovanni De Cristofaro

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Published

2011-06-28

Issue

Vol. 37 No. 2 (2011)

Section

Articles

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