The inheritance of claims for moral harm in cases where the victim died is not uniform in comparative law. Some jurisdictions explicitly prohibit the inheritance of such claims, except in cases where the victim sued before dying. In others, the heirs have an independent claim. Nevertheless, many jurisdictions are silent on the matter. Japan follows the last approach, which caused broad discussion on the nature of moral harms and their inheritance, which ended in courts admitting that the victim's heirs could inherit the claim. In turn, this led the case law to accept new claims for medical malpractice, using the general principle of inheritance of claims for moral harm.
|寄稿の翻訳タイトル||Inheritance of Claims for Moral Harm in Japanese Law|
|出版ステータス||Published - 2022|
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