Post by account_disabled on Feb 15, 2024 4:33:56 GMT -6
Likewise, the compensation will extend to moral damage that will be assessed taking into account the circumstances of the case and the severity of the injury actually caused, for which the dissemination or audience of the medium through which the injury was made will be taken into account, where appropriate. produced, adding that given the iuris et de iure presumption, that is, not susceptible to proof to the contrary, of the existence of compensable damage, the fact that the assessment of moral damage cannot be obtained from objective proof does not excuse or legally preclude the courts to establish its quantification, for which purpose the concurrent circumstances in each case must be taken into account and weighed .
Likewise, art. 9.2.a) of Organic Law 1/1982 provides that judicial protection will also include the adoption of all necessary measures to put an end to the illegitimate interference in question and, in particular, those necessary for the restoration of the injured party Austria Email List in the full enjoyment of their rights , with the declaration of the interference suffered, the immediate cessation of the same and the restoration of the previous state, adding that in case of interference with the right to honor, the reestablishment of the violated right will include, without prejudice to the right of reply by the legally established procedure, the total or partial publication of the conviction at the expense of the convicted person with at least the same public dissemination as the interference suffered .
In this case, the measure adopted by the courts in the sentences usually consists of agreeing on the obligation on the part of the convicted persons to publish the sentence, for a certain period of time, on the same profile of the social network in which the sentence was published. offensive comment to which the procedure refers.
Finally, art. 9.2.d) of Organic Law 1/1982 also provides for “ the appropriation by the injured party of the profit obtained from the illegitimate interference with their rights ”, in the event that such profit has existed. Logically, this provision usually applies only in the event that the offensive comment has been directed at a popular person and some profit has been obtained through it, the most common case being the publication of news in the press about well-known people.
Since it is a claim relating to the honorary rights of the person, it must be decided in an ordinary trial, regardless of the amount claimed in the procedure, in accordance with the provisions of article 249.1.1. of the Civil Procedure Law.
Likewise, art. 9.2.a) of Organic Law 1/1982 provides that judicial protection will also include the adoption of all necessary measures to put an end to the illegitimate interference in question and, in particular, those necessary for the restoration of the injured party Austria Email List in the full enjoyment of their rights , with the declaration of the interference suffered, the immediate cessation of the same and the restoration of the previous state, adding that in case of interference with the right to honor, the reestablishment of the violated right will include, without prejudice to the right of reply by the legally established procedure, the total or partial publication of the conviction at the expense of the convicted person with at least the same public dissemination as the interference suffered .
In this case, the measure adopted by the courts in the sentences usually consists of agreeing on the obligation on the part of the convicted persons to publish the sentence, for a certain period of time, on the same profile of the social network in which the sentence was published. offensive comment to which the procedure refers.
Finally, art. 9.2.d) of Organic Law 1/1982 also provides for “ the appropriation by the injured party of the profit obtained from the illegitimate interference with their rights ”, in the event that such profit has existed. Logically, this provision usually applies only in the event that the offensive comment has been directed at a popular person and some profit has been obtained through it, the most common case being the publication of news in the press about well-known people.
Since it is a claim relating to the honorary rights of the person, it must be decided in an ordinary trial, regardless of the amount claimed in the procedure, in accordance with the provisions of article 249.1.1. of the Civil Procedure Law.