Loss of hope to achieve a normal family life project – plea for an autonomous category of bodily injury Cover Image
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Pierderea speranţei de a realiza un proiect de viaţă familială normală – pledoarie pentru o categorie autonomă a prejudiciului corporal
Loss of hope to achieve a normal family life project – plea for an autonomous category of bodily injury

Author(s): Călina Jugastru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: bodily injury; varieties; loss of hope to achieve a normal family life project; notion; boundaries; compensation;

Summary/Abstract: Personal injury has the privilege of constantly offering us an object of debate. Without proper regulations, in all legal systems, bodily harm is reinvented, testing the mastery of the magistrate and the persuasive power of doctrinaires. The non patrimonial component deserves an analysis of extent, as the varieties of bodily injury support reconfiguration, analysis, crystallization and sedimentation. In the present study, we focused our attention on the loss of hope for the realization of the normal family life project. It is a non patrimonial bodily injury whose physiognomy tends towards an autonomous status, in the context of the established varieties (such as the recreational damage, the aesthetic damage or the functional deficit). Taking as a benchmark the date of consolidation of the injuries, a series of non patrimonial bodily damages can be found on the indemnity list. The careful analysis aims to delimit these damages, with the detachment of specific features, in order to compensate by categories. Loss of hope of achieving the project of normal family life is a form of loss of opportunity, in terms of personal injury. The lost opportunity may relate to young victims who have not yet entered family life or may look at the victims that the wrongdoing makes it impossible to carry out a new project of personal life. Facilitating the burden of compensation requires the identification of landmarks – in the case of this damage, being operational, mainly, the issues related to the personality of the victim, the repercussions of the wrongful act on the family life and on the social situation of the victim.

  • Issue Year: 2020
  • Issue No: 02
  • Page Range: 90-107
  • Page Count: 18
  • Language: Romanian