Repararea prejudiciilor morale – o „utopie constructivă”

Rezumat

Is moral damage amendable? And if not, what could be the law applicable to it? Does the legal protection of non‑patrimonial human rights exhaust the issue of moral damages? These are essential questions for any approach that aims to identify solutions applicable to them, a permanent theme of universal legal consciousness. Without claiming to advance a model applicable to what the doctrine continues to call “reparation of moral damages”, the paper aims to assess, in a sharper way than usual, the solutions advanced by current regulations, which, in my opinion, are proving again to be insufficiently elaborated, and to propose their reform in the framework of a larger project to reform the entire Civil Code.

Keywords: repair of damage; unfair damage; compensation; indemnity; adequate remedies for non‑pecuniary damage; punitive damages; mitigation of damages.