Prejudiciul moral al persoanelor juridice. Între mit şi realitate
Non-material damage of legal entities. Between myth and reality

Summary/Abstract: “The hard core” of the personality rights is similar in all civilized legislations, in all democratic regimes. To this end, the right to dignity, to life, to health, to physical and psychic integrity, to his or her own image, to honour and expression may be relied on. All these rights are mainly non patrimonial/extrapatrimonial rights, and to this end, their harm shall cause a loss, a nonmaterial damage. It is very clear that some of these rights are fully irreconcilable with the concept of legal entity. However, there are certain rights of personality which, due to some refinement, stylization, reinterpretation, could also be suitable for being conferred to the legal entities. This article shows that legal entities hold, even if not in integrum, however, most of the non patrimonial (natural/fundamental/personality) rights which we perceive (indeed) as mainly belonging to the natural persons. As they are identical to the non patrimonial rights of natural persons or only due to their similarity or a certain customization, it is and remains crucial that legal entities hold a variety of non patrimonial rights, which, once damaged, open the way of repair in a logical and legally manner, including by granting non patrimonial/nonmaterial damages. As regards the amount of compensation, the author considers that we have to rid ourselves of the idea that the nonmaterial/non patrimonial damages granted to natural persons should be of a more considerable/higher amount than those conferred to legal entities. Certainly, we have to consider what happened in concreto in this case, however, in the author’s view, there is no way to use as quantification the criterion of the nonmaterial damages the circumstance that the victim is a natural person or a legal entity. Moreover, we have to waive the idea that, in the case of legal entities, nonmaterial/non patrimonial damages should remain limited, symbolic.

• Details
• Contents