Abstract

RODRIGUEZ GUITIAN, Alma María. LA REPARACIÓN DEL DAÑO MORAL EN LA CONTRATACIÓN INMOBILIARIA. Rev. Derecho [online]. 2008, n.30, pp.141-163. ISSN 0121-8697.

The article analyses two traditional arguments which the spanish authors have maintained against the compensation for non- pecuniary loss in the Law of Contract: First, in the Civil Code the precepts about contractual liability refer only to pecuniary loss. Second, the classic concept of non pecuniary-loss, which is always connected to personality rights. This research makes a critical analysis to the main jurisprudential line on this subject, which allows compensation for non-pecuniary loss without any restriction. We propose two criteria: damages for non-pecuniary loss which result from breach of contract can be compensated only if they are important and foreseeable for the debtor.

Keywords : Compensation; non-pecuniary loss; breach of con- tract; real state contracts.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )