Moral damages in Georgia: when compensation is available and how much: what to do under Georgian law

What to do

1. The first question is whether there is a legal basis: compensation for non-pecuniary (moral) damage can be claimed only in cases expressly provided for by law, as reasonable and fair compensation (Civil Code of Georgia, Art. 413). Distress caused by a breached contract, damaged property or poor service is not, in itself, a basis for such a claim.
2. Cases set out by law: bodily injury or harm to health (Civil Code, Art. 413); culpable infringement of personal rights (honour, dignity, private life, inviolability, image) — moral damage regardless of any pecuniary loss (Civil Code, Art. 18); defamation — if a retraction is not sufficient (Law of Georgia on Freedom of Speech and Expression, Art. 17); discrimination — moral and material damage (Law of Georgia on the Elimination of All Forms of Discrimination, Art. 10); consumer — where discrimination is proven (not for the defect in the goods or service itself) (Law of Georgia on the Protection of Consumer Rights, Art. 3); patient — for violation of rights, medical error or clinic failures (Law of Georgia on Patients' Rights, Art. 10); a ruined package tour — compensation for holiday time lost without benefit (this provision ceases to be in force on 1 June 2027) (Civil Code, Art. 662).
3. Time limits: the limitation period for tort claims is 3 years from when the person learned of the damage or of the liable person (Civil Code, Art. 1008); for a package tour — a claim within one month after the trip, with a limitation period of six months (Civil Code, Art. 663).
4. Amount: the law sets no tariffs — the court determines a “reasonable and fair” sum (severity and consequences, length of treatment, fault); justify it with practice in similar cases.
5. Evidence: the claimant must prove the violation, the suffering and the link between them (Civil Procedure Code of Georgia, Art. 102). File the claim together with the pecuniary damage claim in one lawsuit.
6. Where to apply: district (city) court, civil chamber — lawsuit for compensation; tour organiser — claim under the package tour contract.
7. Evidence: medical records, psychologist's opinion, correspondence, screenshots, witnesses, decision in a criminal case.
8. Pitfalls: claiming moral damages for breach of contract, property damage or poor-quality service without discrimination or injury; applying Russian or other foreign tables of amounts — in Georgia the court sets the amount; not proving the suffering and only stating it; missing the one-month claim deadline for a package tour.

Be sure to check

• moral damage is recoverable only in cases expressly provided for by law (Civil Code, Art. 413)
• the list of cases — injury/health, personal rights and honour, discrimination, patients' rights, ruined package tour
• amount — “reasonable and fair”, set by the court; the law contains no fixed sums
• evidence of suffering and time limits (3 years for tort claims)