The damages can be derived from the violation of a subjective right or – in a most current and controversial conception – from unjustified injury to legal interest relevant. The injury or violation that generates property or off-balance sheet damage, or that is, once the economic or extra-economic damage is configured (in a language more adequate) one could speak of repair. The repair or indemnity is intrinsically linked to the possibility of compensation for the damage generated that, by in turn, it will be checked by different selection mechanisms, verifying if it is a question of economic, extra-economic damage, causality and objectivist conceptions and subjectivist.

Having overcome the preliminary and meritorious points of the analysis, it is up to the end to bring some suggestions of criteria for the compensation of off-balance sheet damages or extra-economic, within a current and adequate legal context, without any intention, of course, to exhaust the subject.

At first, it can be said that the configuration of damage is directly connected with the violation of a subjective right, which is nothing more than the that the faculty provided by the legal system to require certain conduct of a person or of the State itself.

In the words of Carlo A. Ghersi (…) subjective derecho es la facultad ortogada by the legal order to demand a persona una conducta; so how also the State and the civil servants (…) Power of the señorio de voluntad for el legal order. (GHERSI, 2015, p.17)

However, the idea of ​​damage that is sustained from the violation of subjective rights it is not enough, modern, nor does it identify with the globalized capitalist society where power has, precisely, its sources in the economic bias. (GHERSI, 2015, p.16-17)

Thus, it is more appropriate to talk about characterization of damage by injury to legitimate interest, given that citizens must be fully protected against unlawful acts; if there is damage to a legally relevant interest in a way unjustified will characterize the unjust harm.