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The Latin American and Iberian Journal of Law and Economics

Abstract

Argentina is one of the four identified developing countries that permit punitive damages. Additionally, it is the only country in the world that has a pure continental-civil law system that allows them. Furthermore, the Argentine doctrine and jurisprudence developed a modern exegesis about the function, admission and amount of this legal remedy, which is compatible with the traditional theory of economic analysis of law. The purpose of this paper is to analyze the Argentine case, as a good model for other countries and use the traditional theory of economic analysis of law, in order to understand better the Argentine modern exegesis and its value to maximize social welfare.

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