Resumo

MEDINA VILLANUEVA, Jorge Eduardo. Damages derived from spousal infidelity. Analysis of the issue in the light of the right to free development of personality and the inobservance of marriage duties. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.671-703.  Epub 09-Maio-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16488.

Among the issues related to the law of torts, without a doubt one of the most controversial is the referring to the claim for compensation for the consequences derived from marital infidelity. The Supreme Court of Justice of the Nation recently issued an interesting precedent in the sense of denying the origin of the compensation for damages derived from this assumption, attentive, in general terms, to the right to free development of the personality and that fidelity sexuality is a moral duty, so the spouses cannot be coerced. The issue raised by the Supreme Court is analyzed from precisely these two aspects: the limits to the right to free development of the personality and the consequences of the non-observance of these moral duties. We conclude that the arguments of the sentence analyzed are not convincing and we propose new lines of analysis of the problem.

Palavras-chave : torts; civil responsibility; tort law; matrimonial duties.

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