COMPENSATION FOR INJURIOUS IMPUTATIONS AGAINST THE HONOUR OR CREDIT OF A (LEGAL) PERSON.
COMMENTARY ON THE JUDGMENT OF THE CHILEAN CONSTITUTIONAL COURT, N° 15.416-2024
DOI:
https://doi.org/10.29393/RD258-15IISV10015Keywords:
Action of inapplicability for unconstitutionality, moral damages, legal person, case law of high courts, Civil lawAbstract
This paper analyzes a Constitutional Court ruling on a challenge to the constitutionality of Article 2331 of the Civil Code, which was rejected due to lack of quorum. The analysis focuses on the arguments presented by the dissenting and opposing votes in light of the doctrinal and jurisprudential evolution regarding the interpretation of Article 2331 of the Civil Code. It examines the interpretive approaches that give rise to compensation for moral damages in the Chilean legal system, and then addresses the protection of legal entities within this context. Finally, it critiques the theories that restrict moral damages to the pretium doloris (compensation for pain and suffering) and those that deny legal entities the possibility of being compensated for moral damages.
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