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.