La prueba en el daño moral.

Abstract

In this degree work I will deal with the proof in moral damage, since being a very subjective issue it is difficult to demonstrate the affectation that could occur due to the detriment or impairment of non-corporeal interests that are not reflected in the corporeal world, since these are internal, non-patrimonial and are based on a psychic integrity, emotional, sentimental and moral, which can be affected when rights such as the right to good name, honor, image, etc. are violated. Causing non-material damage, which is linked to the depths of the soul, which makes it difficult or extremely impossible to demonstrate. And we well know that law is an objective matter in which subjectivity does not fit, and it is for this reason that there must be a clear mechanism, to be able to materialize and present proof of that damage, derived from an unlawful commitment. This is the case, by which we will delve into how the doctrine speaks regarding the proof of moral damage and how the exercise of demonstration or proof has been worked over the years, so I will also mention in this thesis the judicial pronouncements that have made the administrators of justice before this uncertainty, that due to its complexity has brought the dilemma at the time of decision-making by the judges themselves.