Fidelidad conyugal y responsabilidad civil: ¿acaso el desamor es un sentimiento indemnizable?

Abstract

The free will posses itself in the matrimony scene, and asking questions and making it richer, demanding of us to examine the “given” conceptualization of fidelity in a critical way of. The Civil and Commercial Cod rises up to the acclaimed international human rights doctrine’s pluralism and leads us to appreciate two great conquests: the abolition of the right-duty of fidelity’s juridical content and the divorce without a cause, in accordance with the 19 article of the National Constitution. The systemic reading of the Civil and Commercial Code, in the light of the Preliminary Title’s interpretative board of directions, confirms that infidelity per se doesn’t carry any juridical consequences. That doesn’t mean rejecting all of the damages in the matrimony orbit, but putting them in their right place. If the intention is not to contaminate the peculiarity of the family relations, the duty to repair will be ony originated in the damage of the fundamental and human rights, not the divorce.