Moral damage repair in the real estate recruitment

Abstract

The article analyses two traditional arguments which the spanish

authors have maintained against the compensation for nonpecuniary loss in the Law of Contract: First, in the Civil Code

the precepts about contractual liability refer only to pecuniary

loss. Second, the classic concept of non pecuniary-loss, which is

always connected to personality rights. This research makes a

critical analysis to the main jurisprudential line on this subject,

which allows compensation for non-pecuniary loss without any

restriction. We propose two criteria: damages for non-pecuniary

loss which result from breach of contract can be compensated

only if they are important and foreseeable for the debtor.