La reparación de los daños a la integridad psicofísica de la persona, en el ámbito de la responsabilidad patrimonial de carácter extracontractual en Colombia Thesis

short description

  • Master's thesis

Thesis author

  • Morales Padilla, John Alexander

abstract

  • This paper examines the question of repairing the damage to the psychophysical integrity of the person, in the area of patrimonial liability of extra-contractual character in Colombia, for which it is analyzed whether the criteria of the Jurisprudence established by the closing bodies of the ordinary jurisdictions and of the contentious administrative guarantee the principle of equality in the reparation of this type of damage. With that purpose, the structure of the work was divided into four parts, in order to present in the first the bibliographical acquis that corresponds to the location of the damage to the psychophysical integrity of the person within the typologies of compensable damages in Colombia, whereas, in the second part, it realizes what exposed by the doctrine and investigators on the aspect pertaining to the reparation of the mentioned damage in our country. The third part deals with the study of the reparation of the damage to the psychophysical integrity of the person in the jurisprudence of the Civil Cassation Chamber of the Supreme Court of Justice and the same was done in the fourth part in relation to the jurisprudence of the Council of the Colombian state. Likewise, a comparison is made of the methods that have been used in the jurisdictions ordinary and contentious administrative, to establish the compensation of damages directly derived from the affectation to the psychophysical integrity.

publication date

  • August 23, 2018 1:38 PM

keywords

  • Compensation assessment
  • Contentious administrative jurisdiction
  • Extra-contractual liability
  • Intangible damage
  • Ordinary jurisdiction
  • Patrimonial liability

Document Id

  • 1bd5878e-6cd1-4e5b-9d8e-5c5fd4c2b660