Moral Damage for Unjustified Claim

According to long-standing court practice, an unjustified claim wasn't considered as the basis for compensation of moral damage.

Nevertheless, Legal Alliance Company's lawyers changed this stereotype. Applying Article 23 and 1167 of the Civil Code of Ukraine the court satisfied the requests of the defendant in the main claim and a plaintiff in the counterclaim concerning the compensation of moral damage, which appeared as the result of the unjustified claim. The decision is already in force.

It is interesting to note that the plaintiff in the main claim was the Ukrainian Mobile Communication Company (UMC).

Source: The Ukrainian Journal of Business Law. August 2005.

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