After a fatal traffic accident, the two concubines of the deceased file a lawsuit for moral damage. Both express having maintained a stable and permanent relationship with the deceased and by virtue of which they claim compensation for the suffering suffered because of the death. The judge of first instance rejected the claim because they were not exclusive and singular relationships as required by the Law of Concubinary Union.
The claimants insisted on their claim and appealed to the Court, maintaining that the moral damage claimed was not based on the provisions of the Concubinary Union Law, but on the characteristics of moral damage: feeling of deep pain or affectation by a situation or fact of life.
The Court of Appeals reversed the first-degree judgement and sided with the applicants. In the opinion of the Court, the negative emotional situation experienced by both existed, regardless of a declaration of concubinary union (whether exclusive or not). The fact that both maintained a stable relationship is in itself indicative of the existence of a sentimental bond even if it was not legal. The disvaluable situation of the spirit experienced by both took place and this is so, with or without declaration of concubinary union. Thus, since the feelings of the claimants were deeply affected, as it should be when moral damage is involved, the Court understood that it was appropriate to grant the plaintiffs’ claim by compensating for the moral damage caused.
