DAÑOS PUNITIVOS, ESPECIALMENTE PARA PROTEGER EL INTERÉS COLECTIVO O DIFUSO DE LOS CONSUMIDORES

Abstract

proveedores, cuestionable la reglamentación de su cuantificación; This paper studies critically the punitive damages regulated by law n.° 19496, with the objective of detect and evaluate the positive and ques tionable aspects of its regulation in the framework of consumer pro tection, through a dogmatic methodology based on regulations, biblio graphy and national and foreign jurisprudence, which allows a qualitative ana lysis of such sources in order to present and elaborate the hypothesis, theoretical frame work, reflections and conclusions. In sections i and ii , a theoretical frame work is formulated, represented by an approach to punitive damages on the basis of national and comparative backgraunds, through the spe cific study of their nature and function, and it application in Chile by reviewing the discussions that have taken place in this regard, particularly regarding the alleged problems of constitutionality and the reparatory nature of civil liability. The hypothesis is that the regulation of puniti ve damages in the aforementioned law is positive because it contributes to sanctioning, deterring and preventing serious supplier miscon duct, but questionable with respect to the regulation of its quan tification; aspects that are developed in section iii .