Punitive damages
From United States and other common law
Contract and obligationsProcedure and evidence
What it means
Money awarded on top of compensation, to punish a wrongdoer and deter others. It is a feature of some common-law systems, especially in the United States.
Why it travels badly
Civil-law systems usually say that damages are for repairing harm, and that punishment belongs to criminal law. A foreign judgment with punitive damages may be refused in whole or in part when someone tries to enforce it.
How other systems say it
no equivalent
The Federal Court of Justice declined in 1992 to enforce the punitive part of a US judgment because it was contrary to German public policy.
danni punitivi
In 2017 the Court of Cassation (Joint Sections) allowed recognition of foreign punitive damages in principle, if the law that created them is clear and the amount is proportionate.
dommages-intérêts punitifs
Not available in ordinary civil claims, though some courts have accepted foreign awards under conditions.
Tip for translators and students
When translating a US award, keep 'punitive damages' and add a gloss. Do not use a term that means 'compensation'.
Related: Tort and delict, Discovery
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
