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This article pretends to show the distributive justice considerations which could be incorporated in compensation of the damages, especially regarding nonpecuniary damage, from contractual liability and tort law. In contract law, it will look that contract, only in some cases, distributes rights and interests nonpecuniary. In tort law, it is thought on a version of the tort law which criticize regard the simple private interaction between the parts, entering a social and public area which can show that the private is not so private and that there are social conditions that help to distribute the rights and interests to members of society, and therefore determine the form of the right to compensation.

DELIMITACIÓN DEL DAÑO MORAL A TRAVÉS DE CONSIDERACIONES DE JUSTICIA DISTRIBUTIVA