The Civil Collegium of the Supreme Court has adopted a decision establishing a unified court practice regarding the payment of moral damages.
The new decision clarifies the issue of continuing a claim related to moral damages.
Specifically, the plaintiff in the case applied to the court with a claim for both material and moral damages, and the court of first instance partially satisfied the claim, ruling that the defendant should pay moral compensation and legal fees. However, the plaintiff passed away after the court judgment was rendered.
In this situation, the main legal issue concerns the impact of the plaintiff's death on the claim for moral damages.
According to the Supreme Court's position, if the plaintiff dies before the judgment is rendered, the proceedings in the case may be terminated. However, if the plaintiff dies after the judgment is rendered, the death does not impede the proceedings, and the claim for moral damages can be continued by the heirs.
Moral damage itself is damage arising from the violation of a person's non-property rights and is initially considered a personal right.
However, once this claim is put forward based on a legal procedure, i.e., by the plaintiff applying to court or sending a written demand, it acquires a property character from a legal perspective. This makes it possible for the claim for moral damages to pass to the heirs even after the person's death.
Article 1151.1 of the Civil Code also states that the property rights and obligations owned by the testator pass to their heirs upon their death. For this reason, claims related to the payment of moral damages can also be pursued by the heirs, provided the claim has been duly put forward.
In conclusion, it should be emphasized that once a claim for moral damages is submitted to court, this claim ceases to be a personal right tied to the individual and transforms into a property right, ensuring its legal continuity even after the plaintiff's death.