法学外文翻译--墨西哥民法中的精神损害赔偿(节选).pdf

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 OFMEXICO Jorge A. Vargas Abstract: Under Mexican Civil Law, successful lawsuits in tort law cases culminatewith the awarding of an economic indemnification in favor of the victim (or the victimsheirsin wrongful death cases), as mandated by the Civil Code of the jurisdiction wherethe injury occurred Like U.S. tort law, civil liability in Mexico requiresthe concurrence of three basic elements: (1) commission of an illicit act; (2) causation ofan injury or damage to the victim; and, (3) causal relationship between thecommission and causation. ... Out of total of thirty-seven judicial resolutions rendered onissuespertaining to Article 1916 of the Civil Code during these fifty years, the followingfour Jurisprudences were created: (1) moral damage is exclusively reservedforextra-contractual liability cases; (2) moral reparation is not allowed in objectiveliability cases; (3) the lack of evidence on the material damage does not impede the judgeto grant moral damage indemnification to the victim, and; (4) the economiccapabilityof the responsible person should be taken into account only when the amount ofthe moral damage is to be determined. 1. Introduction Under Mexican Civil Law, successful lawsuits in tort law cases culminate withthe awarding of an economic indemnification in favor of the victim (or the victims heirsin wrongful death cases), as mandated by the Civil Code of the jurisdiction wherethe injury occurred. Out of total of 3,074 sections, Mexicos Civil Code includesonly thirty-fiv