Punitive damages: Critical analysis from comparative law

Abstract

Civil liability is one of civil law’s own institutions that has evolved in the Mexican and international legal system in parallel with the con-stitutionalization of civil law. Currently, the main function of civil liability is comprehensive reparation, but how does this paradigm shift manifest in legal systems? Will it be necessary to apply common law institutions, such as punitive damages, separately from the compensatory function of continental system countries? These questions are addressed in the following article, thus analyzing the origin of the legal institution and its application in comparative law.