Abstract

RODRIGUEZ SAMUDIO, Rubén Enrique. The non-economic damage in American law. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2014, vol.44, n.121, pp.609-644. ISSN 0120-3886.

Non-economic damage is one of the areas of Anglo-American law that tends to attract the attention of jurists educated in the tradition of the European Continental system, especially in those cases in which the victim is compensated with big amounts of money. The non-economic damage can be divided into countervailing non-economic damage and punitive non- economic damage, known as punitive damages in English. In our environment the figure of the punitive damages does not find an exact counterpart, on the other hand, the countervailing non-economic damage can be compared to some extent to moral damage, however, the development of these aspirations has been different in both systems. A detailed study of the evolution of this branch of civil liability over time will help to improve the understanding of these damages. This article, by making use of the jurisprudence, focuses on the development and current situation of the non-economic compensatory (countervailing) damages.

Keywords : Non-economic damage; Emotional damage; Liability for damages; Slander; Physical injuries.

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