"The determination of the amount of financial compensation due to moral damage" is for the judge of substance an almost daily practical issue, but also a field of reflection especially in relation to the justification of its crisis, each time. And this is because the inherent difficulty of the financial assessment of the violation of moral values ​​and the internal world of man, without legislatively established objective criteria, leads in practice, not rarely, to different judicial assessment of similar substantive cases, resulting in the relevant decisions remaining to a significant extent unpredictable in their outcome and unverifiable in their correctness. An inevitable consequence of this is the repeated convictions of our country by the European Court of Human Rights, legal insecurity and, ultimately, the questioning of the smooth implementation of the constitutional imperative for a fair trial in this field.

Through the analysis of the rich relevant case law, as well as the related theoretical developments, the study attempts to identify the critical parameters of judicial determination of reasonable financial compensation due to moral damage or mental anguish in the two relevant fields of the Civil Code, those of articles 59 and 932 CC.

In the first, general, part of the study, the institution of financial compensation due to moral damage is investigated and the specific problems that arise in practice are highlighted. This is followed by the second, specific, part, in which the determination of the specific criteria for measuring the amount of financial compensation is sought. The study is completed with a third part, in which, based on the previous investigation, a system of evaluative criteria is developed, compatible with the internal evaluative system of the legal order, and the way in which they influence the formation of judicial judgment in each different type of violation is determined, thus contributing to the strengthening of legal certainty and the realization of the goal of a fair trial in this field.