Relevant topics such as non-contractual civil liability, moral damage, punitive damages and the right to comprehensive reparation are topics that have undergone many changes.Â
For example, these are some of the new topics that are of interest to any company:
- It is possible to sue for moral damages for issues related to work-related accidents or illnesses.Â
One of the most recent criteria is the following:Â MORAL DAMAGE. DAMAGE CAUSED BY WORK-RELATED ILLNESS ACQUIRED OR AGGRAVATED BY THE NEGLIGENT INTERVENTION OF THE EMPLOYER CAN BE CLAIMED IN ORDINARY CIVIL COURTS, REGARDLESS OF THE MATERIAL REPAIR OBTAINED IN THE WORKPLACE (LEGISLATION APPLICABLE TO MEXICO CITY).
- The statute of limitations for civil liability and moral damages is two years, but there are currently criteria that extend this period to 10 years in certain cases. Â
A criterion to take into account:Â NEGATIVE PRESCRIPTION. APPLICABLE DEADLINES IN CASES OF EXTRA-CONTRACTUAL CIVIL LIABILITY ARISING FROM AFFECTATIONS TO LIFE OR INTEGRITYÂ .
- In multiple legislations, the maximum amount to compensate for moral damage was capped. Today it is unconstitutional. Fair compensation must prevail.
The following jurisprudence is the basis for this criterion:Â FUNDAMENTAL RIGHT TO FULL REPAIR OR FAIR COMPENSATION. ITS CONCEPT AND SCOPE.
- The parameters of compensation for civil liability in accordance with the provisions of article 1915 of the Civil Code for Mexico City and its similar provisions should no longer be calculated according to salary but in terms of the Measurement and Update Unit (UMA), in accordance with the deindexing established in the Law to determine the value of the Measurement and Update Unit.
- For the admissibility of the action for moral damages, it is always important to distinguish its origin since this will define the rule that governs the assumption, such as the Civil Liability Law for the protection of the right to privacy, honor, and one’s own image in the Federal District (now Mexico City) or, in terms of article 1916 of the Civil Code for the same entity in which there are different bases for its calculation.Â
One criterion to take into consideration is:Â MORAL DAMAGE. WHEN THE ORIGIN OF THE ALLEGED IMPACT IS THE STATEMENTS AND ALLEGED FILTRATIONS MADE IN VARIOUS MEDIA OF WRITTEN COMMUNICATION, THE RELATIVE REPARATION ACTION FINDS SUPPORT IN THE LAW OF CIVIL LIABILITY FOR THE PROTECTION OF THE RIGHT TO PRIVATE LIFE, HONOR AND OWN IMAGE IN THE FEDERAL DISTRICT, AND NOT IN ARTICLE 1916 OF THE CIVIL CODE FOR THE FEDERAL DISTRICT, BOTH LEGISLATIONS APPLICABLE TO MEXICO CITY.
This is an overview of the changes that this subject has undergone and of which Ocampo 1890 is at the forefront and actively participates in these types of matters that make up the law of damages.
Abraham EstradaÂ
Ocampo Associate 1890
