Bibliographic citations
Aguinaga, L., (2019). Criterios para la cuantificación equitativa del resarcimiento del daño moral en la responsabilidad civil [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/5105
Aguinaga, L., Criterios para la cuantificación equitativa del resarcimiento del daño moral en la responsabilidad civil [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2019. https://hdl.handle.net/20.500.12759/5105
@mastersthesis{renati/374034,
title = "Criterios para la cuantificación equitativa del resarcimiento del daño moral en la responsabilidad civil",
author = "Aguinaga Vidarte, Livyn Yurely",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2019"
}
Our subject of the present thesis is referred to determine the criteria for the equitable quantification of the compensation of the moral damage in the Civil Liability; It is a merit that in article 1984 of our Civil Code, is prescribed to determine the compensation for moral damage should be considered the magnitude and impairment of the person or family, which is at the discretion of the Judge and many times This has created ridiculous or exaggerated amounts for the victim. In accordance with the aforementioned, we have elaborated the following statement of the problem: What would be the criteria that the Judge must use to quantify in an equitable way the compensation of the moral damage in the Civil Liability?. To make a hypothesis that brings us closer to answer the statement, we have deepened the study under the national and international doctrine, also, law regulating the quantum of compensation for moral damage, jurisprudence issued by our Jurisdictional Body, and surveys conducted in the City of Lima addressed to magistrates and lawyers specialized in Civil Law, as well as people who have been victims of moral damage. Therefore, the present study has as objectives: i) Determination of the results of the rights that the Judge must use to quantify in an equitable way the compensation of the moral damage in the Civil Liability; ii) Describe the content of the moral damage to be able to obtain the criteria so that the compensation with an equitable quantification; iii) The pronouncements of the Supreme Court to determine the amount of this type of damage; and iv) Propose the incorporation of a legal norm within the Book of Extracontractual Civil Liability, as well as in the Contractual Civil Liability section of the Peruvian Civil Code, through which the levels that the Judge must use to determine the manner Equitable, The quantification of compensation for moral damage. Finally, we have carried out a survey that has been a result. That the lawyers specialized in Civil Law of the District of Lima, as well as the Magistrates of said district, have opined that in our account there are not to determine the equitable quantification of the compensation of the moral damage in the Civil Liability, being necessary the incorporation of the criteria that allow an equitable compensation.
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