After the ampay to the television conductors Aldo Miyashiro y Oscar del Portalwho spent the night with women who were not their wives, Correo contacted the criminal lawyer Hugo Mendoza, from the Mendoza Malpartida & Abogados Law Firm, so that he can explain to us the consequences of infidelity and whether both might pay compensation for that fact.
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“The spouse affected by the infidelity You can sue the adulterer for compensation for non-pecuniary damage, as a result of the fact that violated the conjugal faith, affecting your emotional and psychological state. The damages caused are subjective with personal consequences referred to the moral damage or the affliction of the feelings and the damage to the project of married life”the specialist explained to this medium.
Likewise, he said that adultery is understood as the sexual union of a man or a woman with whom he is not his spouse. “It is, therefore, an illegitimate sexual union, insofar as it fundamentally violates the duty of reciprocal fidelity that husbands owe each other,” he said.
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Along these lines, he pointed out that there is cassation 1744-00 (Santa) that establishes that there are two elements that are required for the concurrence of adultery, one objective: sexual intercourse with a person other than the spouse; and another subjective: the conscious and deliberate intent to violate the duty of fidelity. “In this way, other hypotheses are excluded, such as rape or the act committed by someone who suffers from disorders of consciousness, etc.,” he said.
He added that the spouse and adulterer “loses the gains that come from the assets of the other.”
