Daune morale solicitate de un cadru didactic pentru respingerea unei cereri de pretransfer, cu menţiunea "studii necorespunzătoare". Temeinicie

Moral damages requested by a teacher for the rejection of a transfer request, with the notation "inadequate studies." Grounds

Abstract

Unlike material damages, which are established based on direct evidence, compensation for moral damages is determined based on the court's assessment, and in evaluating their amount, several criteria must be considered, such as the importance of the violated value, the disturbances and hardships suffered by the injured victim, while also taking into account the purpose for which the legislator allowed the quantification of moral damage.

Not least, determining the amount of compensation should not tend towards unjust enrichment, it being imperative to consider the degree of violation of the claimed right, respecting both the principle of proportionality and the principle of equity.

In circumstances where an...