Legal doctrine and jurisprudence in Spain assume that financial compensation for damage must be all-inclusive and, therefore, compensation should not only include material damages but also non-material damages.<\/p>\n
Therefore, based on the general principle of the Spanish system, “restitutio in integrum”, there is consensus both on the part of the doctrine and jurisprudence when defining what non-material damages are.<\/p>\n
Both agree that non-material damage is all private damage that cannot be understood as material damage.<\/p>\n
The question is how is non-material damage to be understood? According to Spanish doctrine and jurisprudence, non-material damage, may consist of anguish, suffering, affliction (both physical and spiritual), humiliation, and, in general, the pain suffered by the victim.<\/p>\n
An important issue is how to calculate financial compensation for the non-material damage suffered.<\/p>\n
There is no table or scale to calculate amounts of non-material damage. Moreover, given that non-material damage is abstract, it is even more difficult to quantify the compensation to repair it.<\/p>\n
Consequently, it is a complex issue for lawyers to calculate compensation and for judges to rule fairly on the matter.<\/p>\n
Compensation should be assessed by the judge on a case by case basis, according to the premises established by doctrinal and jurisprudential law.<\/p>\n
By and large, the calculation should take into account the seriousness of the facts, the intentionality and their degree of dissemination to third parties.<\/p>\n
Likewise, legal doctrine and jurisprudence are in favour of applying the principle of prudence to the calculation which specifies that compensation established for non-material damage should not be exorbitant, unfair, disproportionate or irrational.<\/p>\n
Therefore, each compensation based on compensation for having suffered non-material damage will be analyzed individually by the judge, motivating his decision based on the principles and criteria of compensation and prudence warned by the doctrine and jurisprudence itself.<\/p>\n","protected":false},"excerpt":{"rendered":"
Legal doctrine and jurisprudence in Spain assume that financial compensation for damage must be all-inclusive and, therefore, compensation should not only include material damages but also non-material damages. Therefore, based on the general principle of the Spanish system, “restitutio in integrum”, there is consensus both on the part of the doctrine and jurisprudence when defining […]<\/p>\n","protected":false},"author":5,"featured_media":2636,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[94],"tags":[676],"class_list":["post-2644","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-civil-en","tag-moral-damages"],"jetpack_featured_media_url":"https:\/\/martilawyers.com\/wp-content\/uploads\/2019\/12\/JAC-Da\u00f1o-moral.jpg","_links":{"self":[{"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/posts\/2644","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/comments?post=2644"}],"version-history":[{"count":3,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/posts\/2644\/revisions"}],"predecessor-version":[{"id":2647,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/posts\/2644\/revisions\/2647"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/media\/2636"}],"wp:attachment":[{"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/media?parent=2644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/categories?post=2644"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/martilawyers.com\/en\/wp-json\/wp\/v2\/tags?post=2644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}