Psychological damage and tort liability according to the Civil and Commercial Code

Abstract

          Damages are part of indemnity for damages incurred. This is in accordance with Section 438 of the Civil and Commercial Code. The court makes the decision based on the circumstances and seriousness of the violation. It is a matter of discretion that the court will determine. By considering the principles of past judgments in determining the emotional damages, the court will also look at damages according to the Civil and Commercial Code, Section 420. It is a basic principle in considering damage to the body, health, freedom, or rights that causes mental suffering as a result of that violation. But in reality, in the matter of the mind, it can be caused by many reasons that arise from the feelings of the victim's mind. such as humiliation contempt cause depression or demoralizing or being pressured to the point of becoming depressed which from these various causes It may not be caused by damage from infringement. According to the Civil and Commercial Code, Section 420 Therefore, the actual victims may not be able to receive legal remedies. This is because the psychological damage that occurs may not be coupled with physical injury but is emotional. For example, using words to ridicule others about being inferior because of their appearance to the point of being depressed. Humiliated Until causing the person being mocked to suffer damage to their mind, honor, and reputation. From the study, it is found that at present the rights to claim for emotional damages in this type of case are still unable to be compensated according to the aims of the law. that the parties be returned to their original status Therefore, it is considered that there should be an amendment or addition to the Civil and Commercial Code, Section 420 and the Civil and Commercial Code, Section 446 by providing provisions for mental actions. To help make the consideration of those who have been mentally abused clear. To serve as a guideline for further diagnosis of the case.