The court allowed to pay compensation to a child born after the death of his father
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Man died in car accident
The Constitutional Court of the Russian Federation ruled to restore justice to a child whose father died in a car accident. The culprit of the tragedy will have to compensate for the moral damage caused to the boy.
As it became known to “MK”, the baby’s mother decided to challenge in court the constitutionality of the article of the Civil Code, according to which the legal capacity of a citizen arises at the time of his birth and ends with death. The fact is that her husband got into a traffic accident, died a little less than two weeks later, and his heir was born a few more weeks. After the accident, the widow, father, son and brother of the deceased received 200,000 rubles each from the perpetrator of the accident as moral compensation. But at some point, the woman decided that this was not enough, and the son born after the death of his father should also receive compensation. The court of first instance agreed with these, and, proceeding from the fact that the child had lost the opportunity to communicate with his father, his worries, ruled that the perpetrator of the accident must pay him too. But the courts of appeal and cassation did not agree with this decision. According to the judges, since the child had not yet been born at the time of the death of the father, he did not have legal capacity, and the death of the father could not cause physical and moral suffering for the unborn child. The Supreme Court refused to accept for consideration the cassation appeal against the decisions of these courts.
But in the Constitutional Court, the case was treated more attentively. After discussing all the pros and cons, the judges came to the conclusion that the mentioned article of the Civil Code does not contradict the Constitution. But the court rulings diverge from the constitutional and legal meaning of this norm, and therefore are subject to revision. This decision of the Constitutional Court is not subject to appeal and comes into force from the moment of its publication.
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