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RESPONSABILIDAD CIVIL Y MERCADO. LA COMPENSACION DEL DAÑO ECONOMICO

RESPONSABILIDAD CIVIL Y MERCADO. LA COMPENSACION DEL DAÑO ECONOMICO

RESPONSABILIDAD CIVIL Y MERCADO. LA COMPENSACION DEL DAÑO ECONOMICO
DER2017-82673-R

The traditionally called "economic torts" in the Common Law deal with the economic interests of the victim. Historically, economic damages have merited a lower level of protection than other types of damages, notably personal or property damages. At present, its importance has been increasingly increased thanks to the increasingly relevant role of economic and financial assets in private economies and in corporate governance. In fact, the reluctance of traditional tort law to protect the economic interests of victims seems to be contrary to the latest developments or most modern trends. Indeed, while the courts do not usually have too many problems in compensating the economic losses derived from an accident, the right to compensation for damages seems more debatable when the cause of the damage has affected solely and exclusively the economic interests of the victim, for example, by preventing it from concluding a contract or intentionally reducing the value of its assets on the market.

In general, the doctrine has considered that economic interests are sufficiently protected by the remedies of contract law, competition law and by the action of enrichment without cause. Taking into account the protection granted by such remedies, the Law of damages has traditionally remained on the sidelines of those cases in which the victim suffered only economic losses. However, reality shows that some categories of cases do not fit into traditional remedies and require new developments in this field.

Until now, the doctrinal study of "economic torts" has been carried out mainly in Common Law countries. However, a comparative analysis that takes into account the advantages and disadvantages of the different national regulations of economic damages, the recent evolution of the legislation of the European Union and the United States of America, and an interdisciplinary approach, will provide the approach. methodological approach necessary to carry out a study of "economic torts" and economic damage from a broader European perspective.

Principal researchers

Carlos Gómez Ligüerre

Researchers

Carlos Gómez, Pablo Salvador, Fernando Cerdá, Fernando Gómez, José Javier González de Alaiza, Salvador Durany, Antoni Rubí, Sonia Ramos, Rosa Milà. Doctors de l’equip de treball: Mireia Artigot, Josep Santdiumenge, Marian Gili, Albert Lamarca, Álvaro Luna, Nicolás Nogueroles. Membres de l’equip de treball: Idoia Elizalde Salazar, Ignacio Martínez García-Perrote
Amount Awarded: 16.940 €