Abstract

MUNOZ, Edgardo  and  VAZQUEZ CABELLO, Rodolfo. Elements, standard and calculation of punitive damage in mexican law. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.162, e17074.  Epub June 05, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.162.17074.

In this article, the authors undertake a solid comparative analysis about the elements of Mexican punitive damages, the negligence and unlawfulness threshold necessary for its award, and provide a method for its quantification. Despite the great efforts made by Mexico’s Supreme Court of Justice to incorporate this type of damage in Mexican law, there was still no clarity regarding the elements to be considered for its award, the threshold that must be reached in each one of them or the formula to quantify them. This article attempts to fill in these gaps by using the functional method of comparative law; which makes it an invaluable contribution to the scholarly on the subject.

Keywords : punitive damages; calculation of damages; elements; award; threshold; quantum; Mexico; comparative law; functional method of comparative law.

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