Despre principiile indemnizării prejudiciilor corporale nepatrimoniale. Privire specială asupra victimelor cu conştiinţa alterată sau inconştiente
About the principles of indemnification of non-patrimonial bodily harm. A special glance at the victims with altered states of consciousness or being unconscious

Summary/Abstract: The bodily damages represent the same damages caused to the bodily integrity, physical or mental, of the victim, by the illicit deed. They have a dual nature: a patrimonial one (which consists in the prejudices that have an economic value), respectively a non patrimonial one (represented by the prejudices that cannot be assessed financially). Compensation for non pecuniary bodily injuries is subject to the principle of full reparation of the damage, the victim being paid a sum of money that fulfills a compensatory function, being meant to ensure access to other satisfactions, pleasures, joys than the ones she was deprived of, to determine her to forget the harm caused to her. The allowance received must compensate for the alteration of her quality of life. The identification, evaluation and indemnification of the non patrimonial corporal damages suffered are done in concreto. Non pecuniary bodily injuries are either objective or subjective. The objective ones have a manifest existence, being able to be ascertained, objectively, by the judge, either on the victim's body or in the world around her, in which she manifested herself fully before the moment of their production; these damages are not conditioned by the victim's consciousness, occurring and existing outside it; they are compensated independently of the victim's state of consciousness, regardless of whether she is conscious, unconscious or has an altered consciousness. Subjective non patrimonial bodily injuries occur and exist exclusively in the victim's consciousness, not having an external manifestation, consisting in negative feelings, frustration, anxiety that the state of the victim on the verge of imminent death, following the wrongful act, causes her; they do not exist and therefore are not compensated unless the victim is conscious or if her conscience is impaired.

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