Title: Punitive Damages From a Private International Law Perspective
Abstract: There are currently two major civil liability models in Europe: those of Anglo-Saxon origin, and those of the so-called "civil" systems. One of the main differences between them lies in the fact that whereas the latter limit the function of civil liability to repairing or compensating damage, the former admit other purposes: awards must show that the improper conduct in question is not worth the risk (tort does not pay) and discourage its repetition. These objectives can be associated with all civil liability judgments, even those presented as merely compensatory. There is, however, a specific instrument to deter individuals from violating the law:1 punitive or exemplary damages.2 These are also called aggravated damages in the U.S.A. For private international law (PIL) purposes — that is, for service of process abroad, or when recognition and execution of foreign decisions are sought — the "label" or term used to designate damages (compensatory, punitive, exemplary, aggravated) in the country of origin is only of minor importance: what matters is their amount.
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
Cited By Count: 8
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