Reflexiones en torno a las funciones de la condena por daños extrapatrimoniales a la persona a partir del estudio de la "iniuria" del derecho romano clásico
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 qu...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4124182 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 23 (Julio-Diciembre), 2012, pags. 333-376 |
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| Summary: |
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. |
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