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Revista Chilena de Derecho Privado

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You are here: Archives/Artículos de Doctrina/No. 16

DAMAGES RESULTING FROM DIVORCE (DOCTRINE AND JURISPRUDENCE IN ARGENTINA)

Authors

Silvia Y. Tanzi
Universidad de Buenos Aires - Universidad Católica de Santiago del Estero
Juan M. Papillú
Universidad de Buenos Aires.

Files

PDF (Español (España))

Key Information

Keywords

divorce, damages, moral damages, illegality, allocation factors, heirs

Abstract

This paper seeks to examine the scholarly and jurisprudential developments in Argentina concerning compensation for damages caused by divorce. Traditionally, Family Law was deemed impervious to the rules of tort. however, in recent years a new hermeneutic has appeared which applies the general principles of civil liability to damages arising from family relationships, and especially the losses caused by divorce.

The paper takes into account developments in case law, scholarly writing and reforms to the Civil Code and the various solutions proposed to amalgamate the particular characteristics of family relations and family law, and the changes in the framework of modern law of damages.

The paper addresses each option for liability (in contract or tort) and notes applicable jurisprudence.

Details

DOI

https://doi.org/10.32995/S0718-80722011231

Published

September 20, 2019

Issue

No. 16 (2011): Julio - 2011

Section

Artículos de Doctrina

How to Cite

Tanzi, S. Y., & Papillú, J. M. (2019). DAMAGES RESULTING FROM DIVORCE (DOCTRINE AND JURISPRUDENCE IN ARGENTINA). Revista Chilena De Derecho Privado, (16). https://doi.org/10.32995/S0718-80722011231

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