Abstract

ARIZA-FORTICH, Alma-R. Accumulation of the personal action and the hereditary action in the Colombian law. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.365-381. ISSN 0124-0579.

This work analyzes the rationale of article 1006 of the Colombian Commercial Code which prohibits the heirs of a passenger killed in an accident, during the execution of a transport contract, from cumulatively exercising the contractual action created by the carrier and the respective action for tort. The article examines the issue of the concurrence of the damage that the person who dies suffers and the damages which are inferred to the heirs by the deceased arising from the death of the person. From this review the author asserts that both damages must be repaid in their totality and in the same judicial process, and that the reasons that once explained the prohibition of accumulation of both actions, have disappeared as a result of accurate precedents in recent case law in this respect. Nevertheless, this affirmation is not valid in relation to the transport contract because express law exists to opposite effect, indeed, the aforementioned article 1006. Therefore, modification of this article is recommended as the prohibition is not reasonable, since the arguments which allow the accumulation of actions for other events are equally applicable to the transport contract.

Keywords : hereditary action; personal action; contract of transport.

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