RESPONSABILIDAD DERIVADA DE LOS DAÑOS MORALES OCASIONADOS POR LA INTROMISION ILEGÍTIMA EN EL DERECHO AL HONOR.

Abstract

Registration of a person in a bad debt registry when the information placed on record is incorrect is regarded as an unlawful intrusion into the injured party's right to freedom from injury to honour. Organic Act 1/1982 on civil protection of the right to freedom from injury to honour, personal and family privacy and image states that, whenever unlawful intrusion can be proved to exist, an injury, which includes mental anguish, is presumed to exist. Case law has considered unlawful intrusion to exist when the information placed on record in registries is incorrect. The size of the damages will depend on the particular circumstances involved and the profit reaped by the party that caused the injury.