A responsabilidade civil por danos morais nas relações conjugais e paterno-filiais na ordem jurídica moçambicana

Abstract

The present job analyzes the institute of civil liability for moral damages between spouses and between parents and children, as a result of the violation of conjugal duties by one of the spouses, or of parental duties, in situations where parents commit acts contrary to the well-being of the child, which harm the moral or psychological integrity of their offspring. The affective nature of legally family relationship, especially conjugal and paternal-filial relationships, it is sometimes affected by insurmountable turmoil, with serious consequences for the offending spouse and the children, especially underage children. However, while the law deals with liability for property damages between people with no legal or family relationship, between people with some family ties, it is not very clear about civil liability for moral damages.Therefore, this monograph discusses the latent problem of non-pecuniary damages in family relationship and seeks the legal treatment necessary for liability for such damages between people linked by the bond of marriage or filiation.