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Amendments To The Civil Code

Original Language Title: Grozījumi Civillikumā

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The Saeima has adopted and the President promulgated the following laws: the law on amendments to the civil code to make the following amendments: 1. Make the following article 1635: "1635. each delict, that is, each in itself illegal operation, which resulted in injury (also moral injury), gives the victim the right to require from the person sustaining damage, as far as the satisfaction of him for this action, you can blame.
The moral damage shall be understood physical or mental suffering caused by the illegal actions of the victim does not result in injury to the rights or benefits of any economic injury. The amount of compensation for moral injury determined by the Court at its discretion, taking into account the seriousness of the injury and moral consequences.
If this article is not referred to in the second subparagraph the activity allowed to disclose a criminal offence against a person's life, health, morals, dzimumneaizskaramīb, freedom, honor, dignity, or to the family, minors, or acceptable that the victim of such activity have suffered moral injury. In other cases, moral injury victim to prove.
Note the. The action here is to be understood in a broader sense, covering not only performance, but also to abstain from it, that is, the failure to act. "
2. Supplement article by 1652 the second and the third part as follows: "If a contract on delivery of the goods, the purchase or delivery of the service is not hired, and the date for payment of the remuneration debtor whose commitment is enforceable, not received a reminder from the vendor or his Deputy (1653. p.) earlier, a debtor's delay with all its consequences there by itself, if the debtor has not made payment within 30 days: 1) the invoice or other equivalent request for payment receipt;
2) goods or services if the date of receipt of the invoice or the equivalent request for payment receipt time not sure or if the debtor receives the invoice or other equivalent request for payment earlier than the goods or services;
3) the date of the by law or contract provides for acceptance or verification (inspection), to identify the goods or services in compliance with the provisions of the Treaty, and the debtor has received the invoice or other equivalent request for payment on the day or in advance.
The second part of this article shall not apply to the debtor who is a consumer. "
3. Make the following article 1765: "1765. Percentage must be determined in the Act or transaction. If this is not done, and if the law says to calculate the legal percentages, that is, six percent out of a hundred years.
Statutory interest for the cash payment of debt arrears, as agreed in the contract, the remuneration for the supply of goods for the purchase or delivery of the service, is seven percentage points above the base rate of interest (1765 p. d.), but in relation to the agreement, the consumer: six percent of hundreds of years.
The interest rate is four percent. This rate varies every year on 1 January and 1 July of such percentage points, to what extent since the previous interest rate changes has increased or decreased the latest refinancing rate set by the Bank of Latvia before the semester's first date. After each January 1 and July 1, the Bank of Latvia immediately published the newspaper "Gazette" notice on the respective half of the existing interest rate.
Interest calculated only from the capital. But if not paid within the period prescribed by the interest, at least for a year, then by vendor requests for him due to the amount of interest calculated legal interest on that date. "
4. Turn off the second sentence of article 2349.
5. Replace the law number and letter "2352." with the number "2352.1".
6. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to directives of the European Union: the law contains norms arising from: 1) of the Council of 22 December 1986 for the purposes of Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit;
2) Council on 22 February 1990 directive 90/88/EEC amending Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit;
3) of the European Parliament and of the Council of 16 February 1998 Directive 98/7/EC amending Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit;
4) Council on 5 April 1993 of Directive 93/13/EEC on unfair terms in consumer contracts;
5) of the European Parliament and of the Council of 8 June 2000, Directive 2000/31/EC on certain information society services aspects, in particular electronic commerce, in the internal market (directive on electronic commerce);
6) the European Parliament and of the Council of 29 June 2000, Directive 2000/35/EC on combating late payment in commercial transactions. "
The law shall enter into force on 1 March 2006.
The Parliament adopted the law of 26 January 2006.
State v. President Vaira Vīķe-Freiberga in Riga in 2006, 9 February Editorial Note: the law shall enter into force on the 1 March 2006.