MORAL DAMAGES CAUSED BY MARITAL INFIDELITY.AN APPROACH TO SPANISH LAW

Published 2023-06-09
Section Derecho

Authors

  • Pamela Mendoza Alonzo Universidad de Salamanca

DOI:

https://doi.org/10.7770/rchdcp-V2N2-art42

Keywords:

moral damages, fidelity, marriage

Abstract

In this article, we discuss if moral damages caused by marital infidelity could be compensated. We take Spanish law as our point of reference, as, most recently, Spanish courts have put the issue under discussion. Moreover, we investigate the reasons why doctrine and judges are reluctant to apply civil liability –contract or tort Law– in such cases.