Меню

+38 044 278 76 33

Drop us a line

Inflation index and three percent per annum are not payable in the case of non-fulfillment of a court decision on the compensation of the moral damage

/28
January 2013

 

High Specialized Court for Civil and Criminal cases of Ukraine (hereinafter – the HSCU) in a Letter "On some issues of the application of art. 625 of the Civil Code of Ukraine" dated 16.01.2013 N 10-74/0/4-13 has clarified its legal positions.

HSCU focuses on the fact that art. 625 of the Civil code of Ukraine (hereinafter - CC) regulates only obligatory relations. Specifically  part 3 of article 11 of the CC, which prescribes that civil rights and obligations may arise from a court decision, does not provide any basis for application of art. 625 of the CC in the event of arising not contractual, but tort liabilities. In addition, a court decision cannot create new obligatory relationships, as they emerge from the civil legislation acts, which is stated in art. 11 of the CC. Court decision just confirms presence or absence of legal relations and makes them clarified and certain.

The Court also points that indemnification – is a form of responsibility, and it is not a debt. Consequently, accrual of interests on the amount of damage appears to be a double measure of responsibility.
Therefore, implementation of part 2 of article 625 of CC, concerning the obligations of a debtor,, who is in arrears with the payment, to pay the debt amount taking into account the set index of inflation for the whole time of the overdue, including three percent of the outstanding amount per annum, does not spread to the legal relationships of moral damage recovery, in particular, caused by injury of health.