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under the current drafting the law tolerates the possibility of contradictory decisionsthat, although referring to different consequences, analyze and decide upon the samecauses.Finally, with regard to cases in which a private party has a right to be indemnified inaccordance with Articles 12, 13, and 14 of the law, the State is liable not only for thematerial damages, but also for pain and suffering (daño moral) and personal injury,including death.3. Extent of Indemnification332C H A P T E R X X IThe extent to which a private party can be indemnified depends on the type of damageit suffered. If the damage is material and, therefore, quantifiable, the private party has aright to a complete indemnification of damages, which amount will be calculated infunction of the commercial value of the goods and based on the criteria established in theExpropriation Law (Ley de Expropiación), the Federal Tax Code (Código Fiscal de la Federación),the General Law of National Assets (Ley General de Bienes Nacionales), and otherapplicable laws, depending on the case.If the damage caused is personal injury, the amount of the indemnification will be calculatedaccording to the Federal Labor Law (Ley Federal del Trabajo), based on correspondingmedical opinions. In the case of death, the indemnification will be calculatedaccording to Article 1915 of the Federal Civil Code (Código Civil Federal).Finally, if the damages are for pain and suffering (daño moral), the amount of theindemnification cannot exceed 20,000 times the general daily minimum wage in forcein the Federal District.4. Terms of IndemnificationEach of the public federal entities will be liable for indemnifying, from its own budget,the damages and losses caused by its public servants in the “irregular” exercise of theirduties. This indemnification shall be paid in Mexican currency; however, payment inkind may be agreed upon.The amount to be indemnified must be adjusted as of the time the payment is madein compliance with the ruling ordering it. In the case of a delay in compliance with theobligation, the amount to be paid must be adjusted in accordance with the provisions ofthe Federal Tax Code (Código Fiscal de la Federación).The law also establishes the possibility of the indemnification being paid in installmentsduring subsequent fiscal years, in which case the liable public entity must makea projection that, based on the funds available and the obligations assumed, makes thepayment of the indemnification possible.

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