Cordoba. — Order of the Cordoba judge The father must pay his son compensation for the moral damage caused by the delay in recognizing him. The nine-year-old’s mother claimed Establishing a children’s bond, compensation for the moral damage caused to his son due to non-recognition, and establishing temporary alimony To meet the child’s needs.
judge claudio gomez, He was declared competent in the family of the city of Coral de Bustos “a summary” The claim of filiation began against the defendant, since the man recognized the relationship. Yes, the claim for compensation for moral damages has been accepted He was ordered to pay two million pesos to his son.
The mother of the girl in the case said that she ““an on-and-off, informal relationship” with the defendant This is after the man broke up He refused to recognize the child and neglected his care.
This has been specified A DNA test was conducted, and the result was positive, but the accused insisted on refusing to identify the creature. This situation was what prompted her to resort to court to guarantee the right to her son’s identity.
To meet the child’s immediate needs, Judge Gomez established a The temporary expenses are borne by the defendant and he was notified of the lawsuit filed against him. The man Voluntarily admitted the association With the child in the civil registry offices and the eligibility of persons, but He objected to the permissibility of claiming compensation for moral injury and He demanded a reduction in food rations. “And he reported”“negligent attitude” On the distaff side.
The judge explains in the principles of the ruling that moral damage becomes “Denial or lack of the right to identityspecially configured by ” No right to use the name Because of not being in a specific family.”
The text adds: “Living without a title other than one’s mother’s name and without the ability to claim paternity causes significant psychological damage to any person.”
Gomez stated that the moral injury was caused by the “illegal behavior” of those who refused to acknowledge their paternity, because the lack of a real biological and familial position causes the child to be born, “Feeling rejected by those who should have sheltered himNot because of the matter of love and affection which could not be asked for by many, but only because of the matter of blood, which is a lesser matter, but not unimportant for this purpose.
“the Psychological damage The lack of recognition on the child has a negative impact on him, and thus affects him throughout his existence, he adds. There is a consensus that what is compensated for are the pains and sufferings or disturbances of feelings that arise from not knowing one’s own identity, as well as not being considered in the sphere of human relations (e.g., school, extracurricular activities, etc.) as a child of a known father.
In another section of the ruling, the judge stated that “taking into account the nature of moral injury, which makes the compensatory function of money the only legally possible function, we must necessarily weigh the purchasing power of a given amount, as a means of obtaining goods or services, material or spiritual (The “compensatory pleasures” thesis‘) resulting in the award of an amount in accordance with the judgment of the wise judge, It is enough to arouse the satisfaction of the victim, which serves as a form of compensation for the spiritual damage he has suffered.“.
About The Author
