法学外文翻译--墨西哥民法中的精神损害赔偿（节选）

《法学外文翻译--墨西哥民法中的精神损害赔偿（节选）》由会员分享，可在线阅读，更多相关《法学外文翻译--墨西哥民法中的精神损害赔偿（节选）（9页珍藏版）》请在毕设资料网上搜索。

1、 2000 单词， 1 万英文字符 ，中文 3250 字 出处： Vargas J A. Moral Damages under the Civil Law of Mexico: Are These Damages Equivalent to U.S. Punitive Damages?J. The University of Miami Inter-American Law Review, 2004, 35(2):183-189. MORAL DAMAGES UNDER THE CIVIL LAW OF MEXICO Jorge A. Vargas Abstract: Under Mexic

2、an Civil Law, successful lawsuits in tort law cases culminate with the awarding of an economic indemnification in favor of the victim (or the victims heirs in wrongful death cases), as mandated by the Civil Code of the jurisdiction where the injury occurred Like U.S. tort law, civil liability in Mex

3、ico requires the concurrence of three basic elements: (1) commission of an illicit act; (2) causation of an injury or damage to the victim; and, (3) a causal relationship between the commission and causation. . Out of a total of thirty-seven judicial resolutions rendered on issues pertaining to Arti

4、cle 1916 of the Civil Code during these fifty years, the following four Jurisprudences were created: (1) moral damage is exclusively reserved for extra-contractual liability cases; (2) moral reparation is not allowed in objective liability cases; (3) the lack of evidence on the material damage does

5、not impede the judge to grant a moral damage indemnification to a the victim, and; (4) the economic capability of the responsible person should be taken into account only when the amount of the moral damage is to be determined. 1. Introduction Under Mexican Civil Law, successful lawsuits in tort law

6、 cases culminate with the awarding of an economic indemnification in favor of the victim (or the victims heirs in wrongful death cases), as mandated by the Civil Code of the jurisdiction where the injury occurred. Out of a total of 3,074 sections, Mexicos Civil Code includes only thirty-five sections that contain the basic principles governing tort law cases, n2 known in Mexico as extra-contractual liability cases. During the first fifty years of the application of the Civil Code for