Abstract

Punitive damages are a controversial legal figure which has been present in English common law for almost 200 years, with a presence in its statutes for practically 800 years. Although Chilean Civil Law has certain punitive notions, the so-called punitive damages have gained relevance in the last decade. Interestingly, Civil Law may offer a more systematic and coherent treatment of this type of damages than that coined in English common law. This paper explores this by answering, from a civilian perspective, when it would be reasonable to award punitive damages.

Keywords

punitive damages civil law common law comparative law compensation deterrence punishment