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The damages must be proved

The judges from the High Court of Cassation and Justice and  appreciated (in the Decision no. 2356 dated the 20th April 2011 pronounced in appeal by the Department of administrative and fiscal from the HCCJ which had as object an order to a public authority to pay damages) that damages are considered as a harm to the physical existence of the person, physical integrity and health, honor, dignity and human pride, professional prestige and in order to get compensation it is not enough to establish the authority guilt, but must be proved the moral damages suffered. Under this circumstance, the party who calls for moral damages is obliged to prove the damage and the causation link between the injury and the authority crime. Because in this case brought to the court, these elements of tort liability were not proved, the High Court admitted the appeal and modified the appealed sentence, rejecting the claimant request of forcing the defendant to moral damages payment.

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Daniela GHICAJANU

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