Del daño moral al daño extrapatrimonial: La superación del pretium doloris

Abstract

Considering the scope of its protection the violation of an interest may justify compensation of non-pecuniary damage. Not only the pain and suffering must be compensated into this concept. This is an old point of view that reduces the compensation of non pecuniary loss to "pretium doloris" and it was left behind, a long time ago, in the comparative law. Today, who has suffered has suffered personal injury; or injury to human dignity, liberty, or other personality rights, must be compensated for non pecuniary loss or damage too. It could also be the subject of compensation for persons having a close relationship with a victim suffering a fatal or very serious non-fatal injury.