A situation where a person tries to recover moral damages for filing an appeal in another case. At first glance! this seems absurd. But is it that simple?
It seems that the topic of moral damage in the legal sphere should have been explored Is it possible to long ago! like space: mapped out! marked with coordinates! populated with examples and counterarguments. But this case is unique! controversial! and! without exaggeration! philosophical.
Imagine: a person who has already gone through a trial is trying to find recent mobile phone number data protection from the pain caused by… the other party’s appeal. Not because of its content! but because of the very fact of its submission! even if it was accompanied by violations. Is it possible to The issue is so delicate that the joint chamber of the Civil Court of Cassation (CCC) must now decide: are there grounds for protection in such cases?
Moral Damage: Limits and Paradoxes
The issue of compensation for moral damage in Ukraine formally any bankers who are banned for life from holding looks simple. You (or your lawyer) must prove:
Violation of the law .
The consequences of this violation .
The cause-and-effect relationship between them .
But when it comes to procedural actions – for example! filing an appeal –aqb directory the question arises: can the procedural action itself be considered a violation of the law?
The Code of Civil Procedure (CCP) gives the parties the right to appeal
Is this their duty or right if they see a mistake? Where is the line drawn between “exercising a right” and “violating the right of another person”?
The court of first instance refused to open proceedings in this case! reasoning that the claim was not subject to judicial review. The Civil Court of Cassation! however! decided to refer the case to a joint chamber! since! under other circumstances! in a similar situation! the plaintiff’s right to apply to court with a claim for compensation for moral damage had previously been upheld.