The investigation carried out arose from the following question: does the typology of damage to property or rights conventionally or constitutionally protected achieve comprehensive reparation of the damage in Colombia? The question that was tried to be resolved is of absolute relevance, given that the most important issue in liability is the damage and the way in which it is compensated, so that the damage to goods or rights conventionally and constitutionally protected is a new class of non-pecuniary damage, It required a meticulous study of its origin, characteristics and how it is being compensated, to determine if the integral reparation of the damages that is the reason for the existence of the State's tort system is being achieved. Consequently, to answer the question, the investigation was methodologically divided into the following six chapters: I) Conventionality, conventionality control, and reparation for damage in the Inter-American Human Rights System; II) Damage in the State's extra-contractual liability regime; III) Comparative study between the tort liability systems of the State of Chile and Colombia; IV) Damage to property or rights conventionally or constitutionally protected: Stage prior to their recognition; V) Non-pecuniary damage to property or rights conventionally or constitutionally protected: Stage from its recognition and; VI) Damage to property or rights conventionally or constitutionally protected. Adequate typology for the reparation of damages?
publication date
April 9, 2021 6:06 PM
Research
keywords
Conventionality in the compensation of damage in the Colombian legal system
Legislation against the recognition of extra-contractual liability of the Colombian State
Regime of reparation for pecuniary and non-pecuniary damages in Colombia
