The brech of marital duties does not entitles to compensation of damages

Abstract

This paper analyzes the ruling of the Supreme Court of December 30, 2014, which declared the wife entitled for compesation of damages after a guilty divorce, based on the moral damage caused by bad mental and physical treatments inflicted by the husband. The importance of the Court ruling lies in being, so far, the most extensive and founded judicial pronouncement declaring the right of compesation for moral damages after the guilty divorce when there has been violation of rights protected (in this case, the mental and physical integrity of the woman). Moreover, in this way, the rule assumed an unanimous argument in Chilean theoretical jurisprudence. The court ruling is also relevant because it rejects stech compensation from the solely infringement of personal conjugal duties such as fidelity, which is a majority position in the Chilean theoretical jurisprudence.