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Universidad de Panamá
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Submitted January 19, 2022
Published 2022-01-04

Artículos

Vol. 5 No. 1 (2022): Revista Saberes APUDEP

Recommendations for appraising moral damage in Panama

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Citación:
DOI: ND

Published: 2022-01-04

How to Cite

Benitez S., K. I. (2022). Recommendations for appraising moral damage in Panama. Revista Saberes APUDEP, 5(1), 477–516. Retrieved from https://revistas.up.ac.pa/index.php/saberes_apudep/article/view/2651
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Abstract

The socio-economic and cultural predominates of the countries permeate their justice system. Countries with audacious social structures have adopted legal structures that promote the compensation of damages suffered by the action or omission of another similar one. In our country it is a bit unsuccessful to identify the amount of moral damage. The result of this is the preservation of social order and justice throughout history. However, we know that in the origins of our positive Law, the conceptualization of the protection of personal assets and interests were not framed by a compensatory vision but punitive. With the passing of time, the vision was canonized and applied elements of moral vocation to the imposition of civil responsibility.

The relationships between people frequently generate situations in which one or a group of them, through their own acts or acts of persons under their guardianship, or under other hypotheses, unduly incurred in the sphere of rights of another or other persons, causing them some somewhat hurt.

The civil law has established the so-called Civil Liability in order to regulate the effects of this harmful proceeding by means of the figure, known as Damages and Damages Compensation, by which the obligation to repair the damage is determined by the people who are responsible.

Conflicts involving illegitimate aggressions to the orbit of private rights with harmful consequences of various kinds (patrimonial and extra-patrimonial), either due to unlawful criminal procedures (crimes and misdemeanors), or civil (crime and civil offense); breach of contractual or quasi-contractual obligations; non-observance of the law, or other situations different from the traditional culpable responsibility, (such as strict liability). They are reviewed jurisprudentially as moral damage.

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