Abstract

ROJAS QUINONES, Sergio. PREVENTING LIABILITY: DEFENDING SOME NEW FUNCTIONS AND CONCEPTIONS ABOUT COMPENSATION. Vniversitas [online]. 2012, n.125, pp.339-375. ISSN 0041-9060.

Traditional studies regarding torts and liability in civil law systems are usually circumscribed to compensation and reparatory issues. in despite of the international tendency that suggests preventive and punitive regulations for those institutions, old-fashioned positions still consider that liability is just a fact of compensation. Nevertheless, this anachronism is far away from the desirable path regarding this topic. That is why this article addresses the attention to the problem of the contemporary function that must be accomplished by torts and liability. The objective is to demonstrate that prevention and punishment should be considered as primary functions in civil law systems, in the form of punitive damages, and according to special regulations designed for this topic.

Keywords : Torts; liability; prevention; punishment; punitive damages; civil law.

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