Bibliographic citations
Garrido, C., Visalot, I. (2022). Ausencia de Sustento Normativo para la Condena de Daños Punitivos como Extensión de la Indemnización por Daño Moral [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/20306
Garrido, C., Visalot, I. Ausencia de Sustento Normativo para la Condena de Daños Punitivos como Extensión de la Indemnización por Daño Moral []. PE: Universidad Nacional de Trujillo; 2022. https://hdl.handle.net/20.500.14414/20306
@misc{renati/1049903,
title = "Ausencia de Sustento Normativo para la Condena de Daños Punitivos como Extensión de la Indemnización por Daño Moral",
author = "Visalot Olano, Isolina",
publisher = "Universidad Nacional de Trujillo",
year = "2022"
}
ABSTRACT The present investigation main objetive was to determine that there isn’t enough normative support for the determination of punitive damages as an extension for moral compensation as a non-pecuniary damage in while in a process for fraudulent and uncaused dismissal, all this from the collection of information reffered to the figure of punitive damages from Common-law and, at the same time, civil law rules for it’s liability in our country, in order to establish compatibility in it’s application. After that, relevant international legislation was collected and analyzed, as well as jurisprudence issues in our judicial district. Likewise, research techniques were used such as surveys that will be applied to various trial lawyers in labor matters, and judges interviews from the first and second instance of the Superior Court of Justice from La Libertad. After collecting enough information, it was shown that the incorporation of the figure of punitive damages does not have a solid constitute normative support that stands its application as solicitud demand in labor processes, and this is because the institution is incompatible with the civil law system of responsibility currently regulated in Perù, so it’s application comes against not only the general principles of law, but also the fundamental law nature that guarantee the protection of the procedural subjects. Finally, the conclusion reached was that it is necessary that judges that pretend to apply this kind of punishments , considering this new figure of common law, they should previously examine the implications of its application in neighboring countries belonging to the same Roman-Germanic system and, in this way, not cause a change in the intrinsic nature of punitive damages.
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