of June 5, 2014 No. ZR-21
About modification and amendments in the Civil code of the Republic of Armenia
Accepted by National Assembly of the Republic of Armenia on May 19, 2014
Article 1. In Article 17 of the Civil code of the Republic of Armenia of May 5, 1998 (further – the Code):
Part 2 to state 1) in the following edition:
Losses are expenses which person whose rights are violated, made or will make for recovery of the violated right; loss or damage of its property (actual damage), the uncollected income which this person could receive in case of usual conditions of civil circulation if its rights were not violated (lost profit), and also non-material damage.".
To add 2) with part 4 following of content:
"4. The non-material damage is subject to compensation only in the cases provided by this Code.".
Article 2. Add the Code with Article 162.1 of the following content:
"Article 162.1. Concept of non-material damage and its compensation
1. In sense of this Code the non-material damage is physical or moral sufferings of person which arose in case of violation of the non-material benefits or its personal non-property rights belonging to it on the birth or by law the decision, action or failure to act.
2. If judicially it was confirmed that as a result of the decision, action or failure to act of state body or the official in relation to physical person violation of the rights guaranteed by Articles 2, 3 or 5 Conventions "About Protection of the Rights and Fundamental Freedoms of the Person", then this person was allowed, and in case of his death or incapacity – his spouse, the parent, the adoptive father, the child, the adopted child, the guardian have the right to judicially require compensation of the caused non-material damage.
3. If the convict was acquitted in conditions, stipulated in Article 3 Protocols No. 7 to the Convention "About Protection of the Rights and Fundamental Freedoms of the Person", then he has the right to judicially require compensation of the caused non-material damage (in sense of this Code – compensation for unfair condemnation).
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