Compensation for Moral Damages in the Digital Environment: A Comparative Study
摘要
Titled “Compensation for Moral Damages in the Digital Environment: A Comparative Study,” this research investigates the topic of compensating for moral damages in the realm of digital settings. It seeks to assess the significance of providing compensation for moral damages within these environments and to evaluate the pertinent legal provisions and judicial interpretations associated with this issue. The study looks into the perspectives of different legal systems regarding moral damage compensation, particularly focusing on online interactions and digital contexts within both tort and contractual liability frameworks. Additionally, it raises the question of whether online services and digital platforms should bear responsibility for moral damages resulting from breaches of contractual duties or other wrongful actions. The argument is made that existing legal frameworks require clear provisions for moral damage compensation in the digital sphere, as evidenced by certain comparative legal systems. Employing a descriptive, comparative, and analytical methodology, the researchers delve into the relevant legal texts and judicial practices surrounding this matter. The conclusion drawn from the study indicates that numerous legal systems have yet to explicitly include moral damage compensation in the digital context, particularly concerning contractual liability, in contrast to those that have established such provisions. The study advocates for the incorporation of definitive regulations addressing moral damage compensation in digital environments within civil law systems.