Abstract

MARULANDA, Yuliana Ocampo. Deconstruction Analysis of Special Damages Origins in Colombia: "El Siglo" Case. Díkaion [online]. 2021, vol.30, n.1, pp.130-159.  Epub Sep 27, 2021. ISSN 0120-8942.  https://doi.org/10.5294/dika.2021.30.1.5.

This paper analyzes special damages as an accusation method in Colombian and French law, stressing its formation and application characteristics from doctrine and case law. It makes a historical approach to special damages based on a case named "El Siglo," which took place in 1947 and was ruled by the Consejo de Estado (high constitutional court) as the principal court for public issues. This ruling is presented and discussed to determine whether special damages was appropriately employed or whether service failure was applicable. Finally, we conclude that special damages was not a valid accusation method in this case, and, therefore, its exact origin dates back to a 1973 ruling.

Keywords : Special damages; origin; case law; high constitutional court; service failure; El Siglo case.

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