Eficacia de las decisiones judiciales extranjeras y daños punitivos

Laburpena

There are currently two major civil liability models in Europe: those of Anglo-Saxon origin, and those of the so-called "civil" systems. The main difference between them lies in the fact that whereas the latter limits the function of civil liability to repairing or compensating damage, the former admits other goals: penalizing the person responsible and discouraging its repetition. Within the Anglo-Saxon systems there is a specific instrument to discourage individuals from violating the law: punitive or exemplary damages, these are also called aggravated damages in the U.S.A. Traditionally, this particular figure has been a potential source of conflicts between the countries belonging to the different legal systems. In this context, one of the main issues is whether that figure is compatible with the public order. In order to solve this matter the term used to designate these damages (non-compensatory, punitive, exemplary or aggravated) in the country of origin is not decisive. The present article addresses the difficulties raised by punitive damages from a Private International Law perspective, with a special focus on recognition and enforcement of judgements.