Integration of punitive damages into countries with a civil law system: Mexico's case

Punitive Damages has been a very powerful instrument in many common law tradition countries. Although praised by some and attacked by others, it has had a beneficial effect on improving the safety, even the lives, of individuals. Punitive damage awards are intended to punish the most corrupt or careless behavior towards other human beings by disregarding others' safety, sometimes in order to save money rather than undertake proper preventive measures. The award of punitive damages also makes a statement as to what is and what is not an acceptable behavior in the interests of improving society.;When people in civil law countries engage in unacceptable behavior it may be desirable to impose a penalty both to deter that behavior and encourage correct behavior. Punitive damages awards could provide the legal mechanism for making citizens responsible for their behavior. Many of the same arguments that support the use of punitive damages in common law countries are also applicable in civil law countries despite the absence of a similar legal tradition. Currently in most civil law countries like Mexico penalties directed primarily at punishment and deterrence are not exacted for disregard for others' care. As a result citizens, particularly in the context of business decisions, may find it cheaper not to undertake proper protective measures that would decrease the likelihood of serious injury to other people.;The liability system of civil law countries, which is even more ancient than that of common law countries, would benefit from adopting some form of punitive damages. This dissertation proposes a Congressional Bill in the form of an Act that will allow consideration of factors relevant to punitive damages under Mexican law and to value human live and safety above profits. It also proposes changes in the Mexican Civil Code and other Mexican Laws, needed to conform to the new structure of punitive damages.