Act Reparations For Moral Damages

Original Language Title: LEY DE REPARACIÓN POR DAÑO MORAL

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-de-reparacion-por-dano-moral/archivo_documento_legislativo



1 DECREE No. 216

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I. That the third paragraph of Article Two of the Constitution provides compensation, according to the law for moral prejudice.
II.- That despite the integration of this provision in our constitutional law since 1950, has been omitted
legislate in this important matter, whose main objective is to safeguard the fundamental rights and dignity of people.
III.- That the Constitutional Chamber of the Supreme Court, stated that this situation constitutes an unconstitutional omission, and said a deadline of 31 December this year to the Legislature || | issued a law on the subject.
IV.- That though is recognized the possibility of claiming compensation for moral damages in our legal system, there are special rules and jurisprudence dispersed
difficult to apply.
V.- That so considered above is appropriate and necessary issue a
law whose purpose is to determine the conditions of compensation for moral damages.
THEREFORE,
in exercise of its constitutional powers and initiative of Congresswoman Lorena Peña Mendoza Guadalupe and Jose Edgar Escolán Batarse Deputies, Alfredo Portillo René Cuadra, Alberto Romero
Armando Rodriguez, Ricardo Andres Velasquez Parker and Carlos Zambrano Mario Campos.
DECREES the following:
LAW OF MORAL DAMAGE REPAIR
Object BY
Art. 1. This Act is to establish the conditions for exercising the right to compensation for moral damages
recognized in the third paragraph of Article Two of the Constitution. Definition

Art. 2. The term moral damage any injury arising from a wrongful act or omission affecting or an infringement of an individual right extrapatrimonial.

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The moral damage gives right to reparation, whether it comes from a tort or contractual liability.
The mere breach of contract or mere dissatisfaction with its implementation does not constitute moral damage.
They do not produce moral damage unfavorable judgments of political criticism, literary, artistic, historical, scientific, religious or professional, nor unfavorable opinions expressed in the exercise of the right
freedom of expression, provided that the procedure there is no purpose slanderous, libelous, defamatory or attack on privacy or image of a person.
Similarly, do not produce moral damage unfavorable judgments of journalistic criticism, nor unfavorable concepts expressed or disseminated by those who practice journalism through news reports, investigative reports, articles, reviews, editorials, cartoons and news stories | || generally published in print, radio, television and computer news media, in compliance with the duty to report under the right to information or in the exercise of their position or function. Causes

Art. 3.- have as causes for compensation for moral damage:
a) Any act or unlawful, intentional or negligent omission in the civil, commercial, administrative, criminal or otherwise affecting human rights or
rights of the personality of the victim;
B) Any excess of the limits of good faith in the exercise of a legitimate right
cause harm to another;
C) libelous, slanderous or defamatory imputations against honor or privacy
a person, unless the truth of the accusation is proved; and
d) The substantial involvement of the project life.
Compensation for actions or omissions of State
Art. 4. In addition to the grounds established by this Act, in case of revision in criminal matters, the State shall compensate for moral damages to the victims of duly proven judicial errors.
Compensation will also be place for moral damages under the delay of justice. Likewise, when there has been a violation of constitutional rights and rights
recognized by international treaties and secondary laws.
In the cases of the preceding paragraphs, the public official has the personal responsibility and the State liable for the alternative. The State shall be the principal if there is no fault or fraud

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public official, or when appropriate subject to a law and in compliance with its provisions.
If the State has had to make the payment of compensation via subsidiary, will have right of recourse against the officer or employee directly responsible way.

The compensation against the State, ordered under this Act shall be charged to the General Budget of the Nation, in the next fiscal year.
Significant involvement of the Treasury occur, it may order that the amounts paid in subsequent fiscal years.

Art rightholders. 5. They are entitled to the right to compensation for moral damages, individuals who suffer injury and have no legal obligation to do so.
The right to compensation for moral damage is very personal.
Legal persons entitled to compensation for moral damages if the act or omission significantly affect your credit or your business or social reputation.

Assignment or transfer Art. 6. The right to claim compensation for moral damages may be assigned or transferred upon death.

Responsibility Art. 7. It is understood obliged to repair the moral damage who, by his own act or omission, cause a grievance on human rights or personality of another. They are also required parents or guardians or mothers for acts or omissions committed by persons under their guardianship or parental authority.
The obligation to make reparation for moral damages is transmitted to the declared heirs, even if the repair is established after the death of the person responsible.

Autonomy of Action Art. 8. The moral damage is very nature and therefore the repair action is autonomous with respect to other claims, although it may be exercised in all if the circumstances warrant. Procedure

Art. 9. The action to claim compensation for damages shall be dealt with following the procedures for the common declaratory process, established in the Civil and Commercial Code.

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Content Demand Art. 10. In addition to the requirements under the Civil and Commercial Code, the application must contain the financial estimate of compensation for moral damages, the proposed remedial measures that are deemed appropriate and the identification of public officials or employees | || personal responsibility, if applicable.

Burden of Proof Art. 11. Who requires compensation for moral damages has the burden of proof. Pertinent test

Art. 12. The moral damage must be tested using all the evidence of lawful character that will be suitable and relevant.
The simple breach of a contract or a legal obligation, it is not proof of moral damage. Repair

Art. 13. The moral damage repair must be done with the measures deemed effective for this purpose, according to the circumstances.
Repair measures must necessarily include compensation of an economic nature that determine fair compensation for the affected.
Special Reparation for Harm
Advertising Art. 14. When the moral damage was committed by a means of social communication, the authors will be required to perform the following remedies:
1) cover all expenses for the victim to exercise his right of correction and answer, under the same conditions of the publication that gave rise to moral damage; and
2) A request for a public apology victim, under the same conditions of the original publication.

Amount Fixing Art. 15. The amount of the financial compensation for moral damages should be set according to criteria of fairness and reasonableness, and taking into account the personal circumstances of affected and responsible, as well as the circumstances and especially the seriousness of the act and guilt .

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Proportionality Art. 16. If several people have been sentenced to pay compensation for moral damages, will make a pro rata basis, unless it can be demonstrated and different degrees of responsibility established.

Payment methods Art. 17. When financial compensation is ordered, it must be paid in legal tender. Exceptionally, the parties may agree that the amount of compensation is paid
species of equivalent value.
The parties may agree acts of reparation or compensation symbolic.
In both cases, the judge-approve these agreements, if it considers that effective compensation for moral damage is achieved.

Prescription Art. 18. The action claim for moral damages expire in five years, counted from the last act
execution of the unlawful conduct that produced it.
The action settlement of compensation expire in three years.

The statute of limitations will not run while the victim of moral damage is minor.
In cases of civil servants and public employees, and provided the moral damage was produced in exercise of their public duties, the limitation period shall commence from the end of its relationship with the state. Compliance with international judgments

Art. 19. The provisions of this Act shall apply to comply with the rulings of the Inter-American Court of Human Rights or other international courts containing
repairs on moral damage, as appropriate and complementary international treaty which concerned . Fraud Against

Art Treasury. 20. Any person who simulates or contributes to simulate the existence of moral prejudice
order to obtain undue advantages of the Treasury, shall incur civil, criminal or administrative responsibilities prescribed by law. If constitute a crime such conduct any public officer or employee is required to give notice or report the facts to the Attorney General of the Republic.

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Grounds and Procedures
Special Laws Art. 21. The grounds and procedures for moral damage under special laws, shall be determined under the provisions of these rules. Effective

Art. 22.- This Decree shall enter into force eight days after its publication in the Official Journal
.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the tenth day of the month
December two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT
.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar,
FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, on the sixth day of January of the year two thousand and sixteen.
PUBLISHED,
Salvador Sanchez Ceren, President of the Republic.

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Ramon Aristides Valencia Arana, Minister of Interior and Territorial Development.

DO No.5 Tomo No. 410 Date: January 8, 2016
SV / pch 02/11/2016
LEGISLATIVE INDEX