THE PUNITIVE DAMAGES FROM THE PERSPECTIVE OF ECONOMIC ANALYSIS OF LAW: ANALYSIS OF AMIL CASE

<p>although many questions, part of the doctrine and jurisprudence homeland defend the application of punitive damages. thus, from the perspective of economic analysis of law, the aim of this study is to analyze the application of that institute, taking as paradigm amil case. the methodological approach is characterized as literature, qualitative, descriptive, argumentative and exploratory. as a result of the study, the incompatibility of punitive damages to the parental system is denoted with a view to sealing to unjust enrichment, the absence of legislative backing, expansion of marketing uncertainties, increased transaction costs and impairment of efficiency. </p