Questão jurídica principal
Whether moral damages under Art. 47 CO could be reduced for contributory fault under Art. 44 CO
Decisão extraída
The complainant's conduct did not amount to contributory fault causally linked to the bodily injury; the reduction was unlawful and the case had to be returned for a new full assessment.
Fundamentação extraída
The cantonal finding that he carried money and bought alcohol while intoxicated did not establish a culpable causal contribution to the physical assault and resulting harm. No adequate causal link existed between that conduct and the injury underlying moral damages.