Considerations on Moral Damages Caused by an Offense

Research objective: This study is focused on the analysis of the correction of the prejudice, in terms of moral damages, the topic that is proposed being currently controversial and extremely topical.Theoretical frame.The lack of criteria for assessing the moral damages is just one of the factors that hamper the adjustment of moral damages by the court. Not specifying the criteria for assessing the moral damages in the legislation, has created for the judge called to solve a dispute, the possibility of imagining different criteria in order to determine the value of the moral damages.The novelty element. In this study we observe the current state of the national jurisprudence in terms of the indemnity of the moral damages caused by committing an offense, starting with the presentation of the term “moral damages” and ending with the presentation of some relevant case studies.Methodology.The study is characterized by the combination of two plans, the theoretical and the practical, based on theoretical concepts and then presents relevant case studies from the practice of the Romanian High Court of Cassation and Justice, using the deductive method by which we carried out the analysis of the legislation and the doctrine speech, and also the exemplification when we analyzed the case studies.Results. The study presents an original conception on the correction of the prejudice in terms of moral damages caused by an offense, by highlighting the imperfections of the national legislation, through the presentation of the case studies. Finally, we present a synthesis of the conclusions to be drawn from the analysis.