Inverse affective abandonment

civil liability of children by affective abandonment of elderly parent

Abstract

This article aims to examine the issue of inverse affective abandonment borne by the elderly. The various conflicts arising from family life, to which the elderly citizen is often exposed, needs a thorough study towards a consequent broader protection and legal support. Due to the existing legal protection, we seek to analyze the possibility of condemning offspring in compensation for the moral damage suffered by the elderly. It uses the various doctrinal concepts regarding liability, moral damage, family and the elderly itself. This study was mainly due to bibliographic, doctrinal and jurisprudential research, through qualitative research, according to the deductive method. In principle it demonstrates the concept of family, from the historical and constitutional point of view, emphasizing the principle of affection and dignity of the human person, turning specifically to the issue of the elderly in this relationship. After talking about the civil liability itself, when there is the inverse affective abandonment and the consequent moral damage that the fact entails. As a possible conclusion, it is understood that a more severe punishment to the offspring is necessary than to transgress the necessary care and support for the quality of life in the elderly, as a citizen, supports and needs in old age. Although the jurisprudence on the subject is precarious, there has been a tendency to support this issue, including the consideration of the STJ to award compensation for affective moral harm when it is practiced against the offspring.