Commentary to article 352. Compensation for moral damage caused by violation of obligations of the Civil Code of the Republic of Kazakhstan
By the resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan dated December 22, 1995, it was determined that moral harm is understood as humiliation, irritation, anger, shame, despair, physical pain, inferiority, discomfort, etc., experienced by the victim as a result of an offense committed against him.
Thus, the fact of violation of the obligation itself does not serve as the basis for a claim for compensation for moral damage, because all property losses caused by the violation can be compensated by holding the violator accountable for the violation of the obligation.
Therefore, in order to apply the commented article, the victim must prove that he suffered not only property, but also moral losses: inability to provide assistance to a loved one, violation of his obligation to a partner, whose respect he particularly valued, undermining business reputation and Goodwill, etc.
The amount of compensation for moral damage caused is not comparable to the property losses incurred. If there is significant moral damage, there may be minor property losses and vice versa.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
