Abstract

GRANIZO, Javier Espín. PUNITIVE DAMAGES AND THE ARTICLE 164 OF THE “TEXTO REFUNDIDO DE LA LEY GENERAL DE LA SEGURIDAD SOCIAL” (ECONOMIC BENEFITS DERIVED FROM WORK ACCIDENTS). Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.477-496.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.24.

The present article considers if punitive damages exist in the Spanish legal system, for which it is made the study of one of the legislative formulas that has aroused the greatest debate in regard to that indemnifying form: the benefits surcharge from the article 164 TRLGSS.

First, it is defined the concept of punitive damages, identifying those systems in which such indemnifying formula is used. Then, some of its main functions and characteristics will be detailed, to classifiy them by types. Finally, examples extracted from the legislation of traditional written laws will be presented, with a special mention of the article 164 TRLGSS, which asks whether the formula of the benefits surcharge is the main precedent of punitive damages in our legal system.

Keywords : Punitive damages; Benefits Surcharge; Multiple damages; Percentage damage; Torts; Civil Liability..

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