Question juridique clé
Whether the moral damages awarded to each child under Art. 47 CO were too low
Solution extraite
Yes. Given the seriousness of the offender’s fault, the absence of contributory fault by the deceased, and the children’s concrete suffering, CHF 15,000 each was not equitable; CHF 25,000 each was appropriate.
Motifs extraits
The court held that moral damages must be equitable and proportionate to the gravity of the suffering. It compared recent case law on compensation for children after a parent’s death and found the cantonal award manifestly too low in light of the facts, including the younger child’s handicap and the lasting impact of growing up without a father.