Traffic accident. Death of the injured person. Conditions for awarding rebound damages

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

According to art.1.391 paragraph (2) sentence I Civil Code "the court may also award compensation to the ascendants, descendants, brothers, sisters and husband for the pain caused by the death of the victim".

The legal provision establishes by law the possibility of compensation for the damage caused to the persons mentioned as a result of the death of the victim of a wrongful act. The sums of money paid in this way do not represent genuine compensation for the equivalent of the damage, but rather compensation for the suffering caused, the victim thus being helped to overcome more easily the difficulties in daily life created by the criminal act, while acting as a preventive measure to discourage the commission of similar unlawful acts.

An analysis of the text of Article 1391 of the Civil Code reveals as criteria for assessing the non-patrimonial damage of the indirect victim the degree of affection existing between the latter and the direct victim of the unlawful act, a simple presumption operating in favour of the existence of these close sentimental ties with the spouse, ascendants, descendants, brothers or sisters.

However, the aforementioned presumption applies only to the existence of emotional damage and not to the intensity of that damage, so that this aspect is to be determined by the court on the basis of the analysis of the evidence.