Concept in Definition ABC

From the point of view of right the concept of harm can be understood in its dimension physical or in a sense moral. Laws protect physical integrity and heritage of people. However, there are issues that are intangible, which are equally important, such as honor, feelings or prestige. For this intangible dimension to be legally protected, we speak of moral damage

In this way, in most laws it is contemplated that the human condition must be protected by the law when there is something that threatens the dignity of the person.

The consideration of non-pecuniary damage depends on the assessment of the person affected

It should not be understood that an action causes a certain moral damage. On the contrary, such consideration depends on the personal valuation of each one. Thus, an insult, an offense or a smear campaign does not necessarily imply moral damage, since it will be the affected individual who can demonstrate that he has suffered a certain damage by such Actions.

One of the technical problems associated with non-material damage situations is their monetary quantification when the affected person must be compensated. It is not difficult to establish a specific amount when it comes to a vehicle breakdown, but if the "breakdown" is of a mental nature, it is a complex issue from a legal point of view.

Illustrative examples

Generally speaking, moral damage occurs when certain obligations have been breached and this causes harm to another person. For example, if a wedding couple hires a salon for the day of their marriage and the salon is not properly prepared, there has been a breach of a obligation and the couple could claim a compensation for the patrimonial damage and, in parallel, for the non-pecuniary damage they have suffered.

In a traffic accident, the person responsible for it generates a problem for another person (for example, by damaging her vehicle or causing injury), but in some cases non-pecuniary damage may also occur, for example when an accident causes the amputation of a leg (it is foreseeable that this circumstance will affect someone very negatively and therefore could claim for moral damages suffered).

In the field of law, a general principle is contemplated: the duty not to harm the interests of others

If the action or omission of a person causes an injury or damage to someone's interest, it will be necessary for the person affected to be compensated. In this sense, mobbing or bullying opposes the general idea of ​​not harming the interests of others and, therefore, these behaviors can lead to a claim for moral damage.

Photo: Fotolia - Alex White