How can you claim compensation for moral damage caused by ...?

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...unlawful actions of collectors?

14.06.2023 16:32 490

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Photo of sikorsky.y.o Yaroslav Sikorsky

Moral damage caused by wrongful actions or inaction is compensated by the person who caused it, in the presence of his fault. Regardless of fault, damages are compensated in the cases provided for in Part 2 of Article 1176 of the Civil Code of Ukraine.

Non-pecuniary damage is compensated by filing an appropriate lawsuit in court.

The second part of paragraph 5 of the resolution of the Plenum of the Supreme Court of Ukraine dated March 31, 1995 No. 4 determined that, in accordance with the general grounds of civil liability, the following are subject to mandatory investigation when resolving a dispute about compensation for moral (non-property) damage:

  1. presence of such damage;

  2. illegality of the act of its perpetrator;

  3. presence of a causal connection between the damage and the perpetrator's illegal act;

  4. the fault of the latter in causing it.

14.06.2023 22:23

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