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Civil liability is a consequence of the existence of the damage and this covers a series of ideas aimed at the effects perceived by the victim. To situate ourselves before compensable damage, the doctrine has developed its requirements and has classified it into two broad branches (material and moral) in order to facilitate its study as a singular and unitary concept: damage.
It cannot be ignored that the modern currents of civil liability have an approach based on comprehensive reparation. For this, the judge must recognize the greatest amount of damages proven in court, based on the procedural principle of consistency and the iura novit curia (the judge knows the law), so that the compensation is as complete and perfect as possible. In this way, without ignoring what was requested and proven in court, justice improves in tort law.
