Right to Claim for Mental Damages of Indirect Victims

Abstract

This academic consists purposes to present civil and commercial law concerning right to claim for mental damages of indirect victims. By using tort laws in education. Including principles and concepts about mental damage. Comparison of foreign law and Thai law as well as analyze problems about right to claim for mental damages of indirect victims. It was found that in the case of causing damage to the body or health of a person or in the case of causing a person to be deprived of liberty or a woman who is injured by the commission of an immoral. The injured person may also claim mental damages compensation for other damage which is not pecuniary loss. This claim is not transferrable and does not devolve upon heirs unless its acknowledgement has been made by a contract or an action has been instituted in pursuance thereof, the heir can therefore become a litigant in place of the deceased and proceed with the litigation. There are issues that must be considered in the case where the victim has been violated and has died if the heir of the deceased has been mentally harmed it is psychological damage which is damage which is not pecuniary loss. The heirs of the deceased are therefore indirectly injured by that violation the heirs of the deceased are therefore indirect victims by that violation. But the law does not give the heirs who are indirect victims the right to claim mental damages which is not pecuniary loss in cases of that cause damage to life which does not cover actual damages and is inconsistent with foreign legal principles to propose a solution to the problem of the right to claim compensation for the mental damages of victims indirectly to be truly fair and will be useful in academics in the future.