Relative Visiting Expenses vs. Normative Damage in Personal Injury Compensation

The court addressed a claim for compensation of visiting expenses incurred by the relatives of a child severely injured in an accident and rendered comatose, where the lower court had deemed this a normative damage under Article 46 of the Code of Obligations. The appellate court reversed this decision, reasoning that according to established federal case law, the visiting expenses of relatives for an injured person must be compensated based on the principles of authorized unauthorized management (negotiorum gestio) under Article 422 of the Code of Obligations, rather than being treated as a normative damage like long-term care costs, because the purpose of the visits—maintaining family contact—is fundamentally different from necessary, delegable care services.