The Principle of Equivalent in the 2024 Civil Code Reform Project

Abstract

The article aims to examine the changes proposed in the 2002 Civil Code Reform Bill, currently before Congress, regarding the principle of Equivalence in Civil Liability.  The current Code establishes three exceptions to this principle: i) in compensation to be paid by the incapacitated; ii) in cases of excessive disproportion between the degree of fault and the amount of compensation; iii) in the penalty clause set by the parties.  The Reform Bill changes some of these rules.  In addition, the issue of the possibility of setting moral damages with a pedagogical and punitive character in the current system and in the Reform Bill is examined.