THE FRUSTRATED PROSPERABILIDAD OF ACTION CRITERIA BOUNDARY OF DAMAGE AND ITS QUANTIFICATION CONTRACTUAL LIABILITY OF ATTORNEY

Abstract

Repair damage resulting from breach by counsel for one of the obligations that form the contract of service concluded with the client presents some difficulties, to the extent that such damage is not presented in the form of physical injury to the customer, and even in a financial loss as the classic concept of damages rule 1101 of the Civil Code. This is an aspect that has been under consideration by the Supreme Court, in addition to abundant Doctrine, in an increasing number of Judgments, although in some contradictions and mixtures concepts and criteria are appreciated, and more recently a speech on the occasion of collecting what is already stated in previous Judgments on civil liability Attorney as a starting point, sometimes oblivious to the circumstances of the case is analyzed, loses clarity of exposition to be satisfied. This paper aims to shed some light on the concept of repairable damage for qualification as moral or material damage, as appropriate, and the form and criteria for the assessment of both and quantification of compensation to be repaired.