Judge Julio Picatoste highlights that it is new to talk about civil liability in the field of family law. The question that ultimately arises is whether article 1.902 CC can have the same scope of application, the same game, between family members as between strangers. In this case, the author addresses the following question: Can damages be compensated for damages arising from infidelity and concealment of marital affiliation?
After providing us with the Supreme Court's view on the subject and the contrary judgments that some Provincial Courts are pointing to, he concludes that simple marital infidelity cannot serve as grounds for claiming compensation for moral damages. However, it considers that the possibility of compensation for moral damages should be recognized in cases where, as a result of infidelity, the woman has given birth to a child whose paternity she fraudulently attributes to the husband, who ends up discovering the true filiation of the one he had as his own child.
PALABRAS CLAVE Filiación, indemnización, daños, ocultación, paternidad, infidelidad.