Services on Demand
Journal
Article
Indicators
Cited by SciELO
Access statistics
Related links
Cited by Google
Similars in SciELO
Similars in Google
Share
Revista Derecho del Estado
Print version ISSN 0122-9893
Abstract
MARTINEZ-BENAVIDES, Nicolás Enrique. Analysis of the presumption of moral damage that benefits certain indirect victims in the administrative litigation jurisdiction in Colombia. Rev. Derecho Estado [online]. 2019, n.42, pp.181-210. ISSN 0122-9893. https://doi.org/10.18601/01229893.n42.07.
This article studies the presumption of non-material damage (moral damage) in favor of indirect victims in the administrative jurisdiction. The author begins the study by analyzing the various theories surrounding the proof of non-material damage (moral damage). Additionally, the author provides the reasons for which proof of the non-material damage (moral damage) of some indirect victims corresponds to a presumption and not to a clear indication. The article ends by explaining the reasons why the structure of presumption leads to compensation of uncertain damages, as well as being discriminatory against non-traditional family models.
Keywords : Non-material damage; presumption; contingent indication; family relations; de facto family; equality right.