TY - JOUR
T1 - La transmisibilidad del crédito indemnizatorio por daño moral de la víctima fallecida
T2 - análisis del caso chileno*
AU - Mallorquín, Susana Espada
AU - Emhart, Alberto Pino
N1 - Publisher Copyright:
© 2020 Pontificia Universidad Javeriana. All rights reserved.
PY - 2020
Y1 - 2020
N2 - This article analyzes the origin of the compensation action for the moral damage suffered by the direct victim, exercised by the heirs in the event of the victim’s death. The Chilean case will especially be considered, where recent case law has been changing from the traditional view, to accepting the survival of the right in cases in which the victim survived the tort at least a moment before her death. The arguments against and in favor of these theses are discussed, defending the thesis of the survival of the action. Finally, some difficulties that arise as a consequence of the survival of the right are analyzed.
AB - This article analyzes the origin of the compensation action for the moral damage suffered by the direct victim, exercised by the heirs in the event of the victim’s death. The Chilean case will especially be considered, where recent case law has been changing from the traditional view, to accepting the survival of the right in cases in which the victim survived the tort at least a moment before her death. The arguments against and in favor of these theses are discussed, defending the thesis of the survival of the action. Finally, some difficulties that arise as a consequence of the survival of the right are analyzed.
KW - damages
KW - estate
KW - non-pecuniary damages
KW - survival of the action
UR - http://www.scopus.com/inward/record.url?scp=85132423913&partnerID=8YFLogxK
U2 - 10.11144/Javeriana.vj69.tcid
DO - 10.11144/Javeriana.vj69.tcid
M3 - Article
AN - SCOPUS:85132423913
SN - 0041-9060
VL - 69
JO - Vniversitas
JF - Vniversitas
ER -