El control de la coacción en los remedios de la responsabilidad civil

The paper argues that some private law remedies are more coercive than others. It is suggested that remedies can be classified according to their coerciveness. This taxonomy can explain why most legal systems prefer some less coercitive remedies –usually monetary remedies– over other more coercive remedies, such as court orders. It is argued that these more coercive remedies need to be particularly justified for their coercive nature, and they also need to be limited. Some guidelines are provided to accomplish this task of control, taking especially into account a balance between the parties’ interests.