Moral damages in Romania: calculation and claim

Moral damages in Romania

Moral damages are monetary compensation for non-pecuniary harm: physical suffering, loss of a loved one, harm to honour or privacy, illegal deprivation of liberty. They are governed by art. 1.391 of the Civil Code. Romanian law provides no statutory grids: the court fixes the amount based on the gravity and duration of the harm, the victim's circumstances, the offender's fault and recent case-law.

The plaintiff must prove the unlawful act, fault, the existence of the moral harm and the causal link. Claims may be made in civil or criminal court. The general limitation period is 3 years from the moment the victim learned of the harm and the responsible party.