Abstract

AHIJADO, Antonio Villaluenga. MALICE & VALUATION OF MORAL DAMAGES “EX DELICTO”. Revista Internacional CONSINTER de Direito [online]. 2023, n.16, pp.375-392.  Epub Dec 01, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00016.16.

The system for the valuation of the consequences of bodily injury, included in the Law on civil liability and insurance in the circulation of motor vehicles, is used by Spanish courts and tribunals as a guiding criterion outside its strict scope of application: the consequences of bodily injury derived from a “traffic event”. It is argued, doctrinally and jurisprudentially, that the moral damage derived from intentional criminal wrongdoing is superior to that generated by reckless crime or to that derived from non-criminal conduct. In this paper we analyze whether malice should be considered an element for the valuation of pain and suffering damages derived from the crime or whether other elements should be taken into account (particularly tragic, traumatic or violent circumstances). Using a holistic approach, we will analyse Spanish legislation and jurisprudence, in order to reach conclusions.

Keywords : Moral damages; civil liability “ex delicto”; reparation of moral damages; valuation of moral damages “ex delicto”..

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