As legal professionals know, authorized systems in countries around the globe typically fall into one in every of two principal classes: common regulation methods and civil legislation techniques. In accordance with different Latin American consultants of its time, like Augusto Teixeira de Freitas (creator of the “Esboço de um Código Civil para Brasil”) or Dalmacio Vélez Sársfield (fundamental writer of the Argentinian Civil Code), it’s a very powerful legal accomplishments of Latin America.
While there are variations within the approach to compensatory damages in widespread- and civil-law jurisdictions, or amongst these jurisdictions, they typically result in related outcomes, albeit via totally different paths, so much in order that arbitrators, but additionally national judges and commentators, have recognized and utilized international ideas relevant to damages, such because the duty to mitigate, particularly in international arbitration.
These worldwide instruments, nevertheless, often have to be complemented by national rules of regulation to the extent that they don’t cowl particular issues and due to this fact do not essentially exclude the applying of national legal guidelines in those respects.
The concept behind this, and positively inspired by the US system, is to restrain businesses from benefiting from consumers because the weaker get together; by imposing punitive damages, courts punish businesses for offloading the externalities of their actions on shoppers and for wilfully gambling with customers’ inertia.