When calculating compensations following damage or harm being caused, two different concepts must be considered: the loss of profit and the consequential damage.
In accordance with Article 1,106 of the Civil Code, the loss of profit is the profit that is no longer obtainable as a consequence of the actions of those responsible. It would therefore be a property damage consisting in the loss of a net worth increase that has been stopped from being obtained as a consequence of a contractual breach or a knowing illicit act unto a third party.
The consequential damage corresponds to the value or price of the property that has suffered the destruction or harm and its compensation will be equal to the price of the affected or destroyed property in this instance.
In each of the two cases, it will be necessary to prove the amount of earnings lost or the value of the affected property. To do this, VALTECSA has a specialised team of economists, architects and engineers that will examine each individual case and will apply the appropriate model so as to determine the amount that can serve as a basis for a judicial procedure or arbitration.
This calculation will be made by taking the data belonging to the internal realm of the activity that has suffered the damage as well as other similar.
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