Civil liability: considerations for the New Civil Code
The question of equity and setting the quantum of compensation
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This study covers the historical evolution of the institute of Civil Liability, from private vengeance to the regulation of the matter in the current legal diploma, which deals with the possibility of attenuating the amount of compensation, for reasons of equity, as opposed to the system of full compensation for damage. We also explore the admissibility of compensation as a result of moral damage suffered by the victim, a matter that has already been settled in terms of its possibility, but which still lacks greater depth in terms of the amount that would represent fair compensation. This is a...
This study covers the historical evolution of the institute of Civil Liability, from private vengeance to the regulation of the matter in the current legal diploma, which deals with the possibility of attenuating the amount of compensation, for reasons of equity, as opposed to the system of full compensation for damage. We also explore the admissibility of compensation as a result of moral damage suffered by the victim, a matter that has already been settled in terms of its possibility, but which still lacks greater depth in terms of the amount that would represent fair compensation. This is an effort by the author to analyze the new legal order established with the advent of the current Brazilian Civil Code, interpreted in the light of the Constitution of the Republic.
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