CORDOBA — Judge Cordova ordered. The father must pay compensation to the son for the emotional harm caused by the son’s late recognition. The mother of a 9-year-old boy claimed: Establishment of a bond of filial piety, compensation for the emotional damage caused to the son due to lack of recognition, and establishment of interim alimony. To meet the needs of children.
judge claudio gomez Declared competent family member of the city of Corral de Bastos “abstract” The man became aware of the connection and began an act of infidelity against the defendant. Yes, the claim for emotional damages was granted. He was sentenced to pay P2 million to his son..
The child’s mother said the following at the time of the incident:“Sporadic and informal relationships with defendants.” Then, after breaking up, the man He refused to recognize the child and ignored his care.
he specified it A DNA test was conducted and came back positive, but the defendant continued to refuse to recognize the creature. This attitude led her to go to court to ensure her right to know her son’s identity.
To address the child’s urgent needs, Judge Gomez took the following steps: It demanded interim compensation from the defendant and notified him of the suit filed against him. the man I voluntarily accepted the link I am with my child at the Civil Status and Capacity Registry Office. Objected to whether the claim for emotional damages should be allowed. and demanded a reduction in food quotas. he reported.Lazy attitude.” On the staff side.
In the basis of the judgment, the judge explained that psychological harm would include:Regarding the denial or lack of identity rights.”,especially” I don’t have the right to use your name And because they are not placed in a particular family. ”
“Spending one’s life without a last name other than one’s mother’s name and without being able to claim paternity causes significant psychological damage to anyone,” the text adds.
Gomez said the child lacks a true biological and familial position from birth, and psychological damage is caused by the “unlawful acts” of those who refuse to recognize paternity.Feeling of rejection from the people who were supposed to protect himIt is not because of the question of love and affection, which cannot be demanded of many people, but simply because of the question of blood, less so, but not unimportant for this purpose.
” psychological damage He added that what a lack of awareness does to a child is that it leaves a negative impression on the child, which in turn affects the child throughout his or her life. There is a consensus that what is compensable is the suffering, suffering, or emotional disturbance that results from a lack of knowledge about one’s own identity and from not being considered as a child of a known father in the field of relationships (e.g., school, extracurricular activities, etc.).
In another section of the judgment, the judges wrote: “Given the nature of moral harm, which relativizes the only legally possible remedial function of money, it is necessarily necessary to weigh the purchasing power of a given amount of money as a means of accessing goods and services, material or spiritual.”The “compensatory pleasure” thesis‘), subject to the judicious judgment of the judge, the following amounts will be awarded: It is enough to cause a feeling of satisfaction in the victim, which acts as a kind of compensation for the psychological damage suffered.”.
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