La transmisibilidad del crédito indemnizatorio por daño moral de la víctima fallecida: análisis del caso chileno*

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.