El daño moral de la persona jurídica.

Abstract

The objective of this paper is to analyze the question of whether the legal person is subject to moral damages and, if this is the case, if he or she can exercise remedies for damages. The doctrine poses several positions in this regard, the most obvious are those that deny the possibility that the legal person is susceptible to suffer moral damage and the opposite that argues that the legal person has, as well as natural persons, personal rights and extra-patrimonial interests which can be injured. I have also reviewed both national and international jurisprudence in order to observe the applicability of the figure in practice, and may conclude that at least in our legislation are not established parameters for their determination, which may incur abuse of it for purely lucrative purposes or possibly for its probatory difficulty even in an acceptance or assimilation with the natural person by the magistrates at the moment of dictating its resolutions .