Monday 18 May 2009

192. Obligation to pay compensation

Portuguese law (civil code)
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Article 562. º (General principle) - Who is required to repair an injury to restore the situation that would exist if there was not the event that requires repair.
Article 563. º (Causation) - The obligation of compensation exists only for damages that the victim probably would not have suffered had it not been for injury.
Article 564. º (Calculation of Compensation) - 1. The duty to indemnify includes not only the injury, as the benefits that the victim failed to obtain a result of the injury. 2. In fixing the compensation the court can consider the future damage if they are predictable, if not determinable, the setting of the corresponding compensation will be referred to later decision.
Article 565. º (Provisional Damages) - Should the compensation be fixed in execution of sentence, the court may immediately order the debtor to pay compensation within the amount that it considers are proven.
Article 566. º (Cash Compensation) - 1. The compensation shall be in cash, where the natural replenishment is not possible, not fully repair the damage that is too costly for the debtor. 2. Notwithstanding the requirements in other provisions, the cash compensation is measured as the difference between the assets of the victim in the most recent date that can be answered by the court, and that that date would have if there were no damages. 3. If it can not be ascertained the exact amount of damages, the court judged fairly within the limits that has a proven.

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