If the failure to perform or partial, late, or defective performance of the obligation is due to
ordinary negligence, the compensation is limited to the harm that could be anticipated at the
time it was contracted.
Article 1322 (Compensation for moral damages). Moral damages, when incurred, can also give
rise to the obligation to pay compensation.
Article 1969 (Compensation for damages caused by lateness and negligence). One who due to
fraud or negligence causes harm to another is obligated to compensate him. Exculpating
oneself by arguing lack of fraud or negligence corresponds to the party accused of such
conduct.
Article 1983 (Joint and several liability). If various persons are responsible for the harm, they
shall be held jointly and severally liable.
However, the one who paid the entirety of the compensation may bring an action against the
others; it is up to the judge to set the proportion in light of the breach of each of the
participants. When it is not possible to distinguish the level of responsibility of each one, the
distribution shall be done in equal parts.
42. Supreme Decree No. 013-2008-JUS establishes:
Article 47 (Enforcement of obligations to give a sum of money). Judgments that are res judicata
that order the payment of a sum of money shall be addressed by the state-funded public body
in which the debt was generated, under the responsibility of the head of the body; compliance
with them shall be done in keeping with the following procedures:
47.1 The General Office of Administration or that which occupies the same role in the statefunded public body requested shall proceed in keeping with the judicial mandate and within
the framework of the annual budget laws.
47.2 In the event that the financing ordered in the previous paragraph is insufficient for
carrying out the judgment, the head of the state-funded public body, after an evaluation and
prioritization of the budgetary goals, may make the budgetary modifications within 15 days
of being notified, which should be communicated to the corresponding judicial organ.
47.3 If there are requirements that go beyond the possibilities of financing expressed in the
preceding paragraphs, the state-funded public bodies, under the responsibility of the head of
the respective body, by written communication from the General Office of Administration,
shall inform the judicial authority of its commitment to address those judgments in the
following budget year, for which it undertakes to earmark up to three percent (3%) of the
budgetary allocation that corresponds to the state-funded public body as regular funds. The
Ministry of Economy and Finance and the Office of Social Security Adjustments as the case
may be, shall calculate the three percent (3%) referred to in the preceding paragraph,
deducting the value corresponding to the allocation for payment of service on the public debt,
the contingency reserve, and the social security obligations.
47.4 After six months have elapsed after judicial notification without having initiated the
payment and without having obligated it in keeping with one of the procedures established in
paragraphs 47.1, 47.2, and 47.3 above, one must begin the process of enforcing judicial
resolutions provided for in Article 713 ff. of the Code of Civil Procedure. Government-owned
property may not be the subject of enforcement, according to Article 73 of the Constitution of
Peru.
B. On the reparations proceeding begun by Mr. Yangali Iparraguirre and the failure to enforce it
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