Abstract

SANCHEZ HERNANDEZ, Luis Carlos. Considerations on the functions of compensation of damages in law, from the perspective of classical Roman law "iniuria" studies. Rev. Derecho Privado [online]. 2012, n.23, pp.321-364. ISSN 0123-4366.

Abstract The protection of personal rights in contemporary law by the compensation of damages in law, generated the question of what role is called to play the civil liability by the imposition of such compensation. And because of the nature of the affected interests and the use of equitable discretion on quantification of this damages, is impossible to attribute it a function to compensation of damages. The study of private crime of iniuria in classical Roman law could provide solutions to this problem, as it was structured to repress behaviors that violated the psychophysical integrity, honor and good name; condemning who committed to pay a monetary award in favor of the victim and with a punitive or afflictive function. Thus, considering the closeness between iniuria and compensation of damages in law, we can say that the role of the second one is both satisfying and punitive.

Keywords : iniuria, actio iniuriarum; private crime; private poena; in integrum restitutio; damages in law.

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