Abstract

BURNEO CARRERA, José Antonio. Moral Damage in Business Associative Agreements. Foro [online]. 2023, n.39, pp.149-165. ISSN 2631-2484.  https://doi.org/10.32719/26312484.2023.39.8.

Within the commercial legal gate, commercial agreements have a leading role and essential importance. Because through them, entrepreneurs can articulate their actions and modulate their commercial behaviors in favor of the fulfillment of their certain objectives. In the case of business associative agreements, beyond the obvious objective of profit, cooperation also seeks the creation of an image that boosts the commercial career of each entrepreneur and serves as a gateway for the creation of a healthy commercial reputation. However, although any associative contract arises because of a legitimate negotiation that has as its intention the fulfillment of the obligations that the subsequent contract will collect, the possibility of a breach is always latent, which will not only affect the non-compliant entrepreneur but the entire association, since by acting jointly, all the participating entrepreneurs put at risk, apart from his investment, his own name and image as an entrepreneur. Therefore, it is correct that in the event of a breach that affects the reputation of the entire group of entrepreneurs, this damage is compensated, in accordance with the rules of civil liability.

Keywords : Business; Entrepreneur; Contracts; Reputation; Damage; Reparation; Human rights; Market.

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