The Primerus Paradigm – March 2021

Page 20

MEMBER ARTICLE | Latin Am e ri ca a n d Ca ri b b ea n

Evaluation Criteria for Moral Damages I. Concept and Definition of Moral Damages

The subject of moral damages is perhaps one of the most challenging to deal with, and even more difficult is trying to

Moral damage refers to the way a person

develop some criteria for how it should

suffers in his feelings, affections, beliefs,

be evaluated. This article is intended to

decorum, honor, reputation and privacy.

show that the determination of moral

Before knowing how these damages can be

damages is an objective task. Our judges and magistrates daily face the commendable and controversial work of calculating a that the doctrine qualifies as non-pecuniary, meaning that it is not subject to economic valuation. What equally motivates us is to try to establish some basic criteria in accordance with the Standards of Psychiatry and Psychology by framing it within these sciences. How do we calculate the amount that we have to compensate when feelings, reputation, etc., are affected?

II. Psychology of Affectivity 1. Situation Feelings:

“monetary compensation” for a damage

affections, beliefs, decorum, honor,

valued, we need to specify what they are.

These are feelings referring only to the ego state. They are classified as pleasant

It must be proven that the unlawful action has produced a moral damage and, in addition, that it is only indemnified when the damage caused is compensated financially. In our humble opinion, moral damage can only occur when there is damage of a psychological nature that affects any of the

satisfaction, security); and unpleasant

IV. Criteria for Determining Moral Damages

(sadness, worry, anguish, fear, restlessness, uneasiness, failure, helplessness, nostalgia, bad mood, anger, rage, envy, jealousy, etc.). 2. Feelings of Self-Worth and Exo-Valuation: The feelings of self-worth are those that refer, as the code says, to the consideration the person has about himself. These can be

can be negative such as shame, guilt, etc. The feelings of exo-valuation are those

Santa Maria Business District Panama City, Panama

III. The Determination of Moral Damage

feelings we have already described.

dignity, superiority, triumph, comfort, or they

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contempt, indignation, etc.

(happiness, pleasure, agility, joy, rest,

affirmative such as strength, pride, vanity,

Quijano & Associates

in negatives such as hate, repugnance,

that concern the consideration that third parties have about a person and are also classified in affirmatives such as love, trust,

As mentioned above, our judges must set a monetary compensation for a situation that the same doctrine calls non-pecuniary damage.

We must undertake this task first

remembering that, since feelings are subject to a universal number of stimuli, there will be as many moral damages as situations that cause them.

We will then discuss the moral damages

that are most commonly requested, in order to outline evaluation criteria.

compassion, interest, justice, nobility, and

Tel: +507 269 2641 Dr. Adriano Correa E.

Primerus Member Since: 2011

Learn more at

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Dr. Adriano Correa E.

Dr. Adriano Correa E. is the director of arbitration and litigation for Quijano & Associates. He previously worked as a lawyer for the Municipality of Panama City and later became the Mayor of Bella Vista in Panama City. Then, he became part of one of the most important corporations at the Colon Free Trade Zone and, subsequently, was head of the legal department of Seguros Chagres, one of the leading insurance companies in the country. His vast experience allowed him to repeatedly serve as reserve magistrate and reserve circuit judge. Currently, he works at the procedural level, with extensive experience in litigation in the areas of commercial, civil, insurance, banking, family, criminal, constitutional, corporate and administrative law. He also has participated in at least 25 arbitrations as either arbitrator or litigator. THE PRIMERUS PARADIGM

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