Indemnización plena de perjuicios en el transporte terrestre gratuito de personas
Fecha
2021-06-01Registro en:
Sandoval, J.(2021). Indemnización plena de perjuicios en el transporte terrestre gratuito de personas. Tesis de posgrado. Universidad Santo Tomás, Tunja.
reponame:Repositorio Institucional Universidad Santo Tomás
instname:Universidad Santo Tomás
Autor
Sandoval Moreno, Jenny Liliana
Institución
Resumen
This work is aimed at determining what are the parameters to take into account for the full settlement of damages in tort processes for free transportation of people in light of the principle of pro damage and if these can be applied in the same How has it been done in State responsibility processes? Its specific objectives being to analyze the regulation of free land transport of people and the application of the principle of damage to liability arising from said transport in Colombia, and to establish the regime liability and compensation for damages applied by the closing bodies of ordinary civil and contentious-administrative jurisdictions against the free ground transportation of people in Colombia.
Consequently, the investigation analyzes aspects such as the legal regime applicable to benevolent transport in Colombia, the principles applicable to the reparation of damages, the existing liability regimes, and the positions of the Council of State and the Supreme Court of Justice against the compensation for damages in cases of liability for benevolent passenger transport.
Based on this analysis, it will be indicated that as it has been done in the responsibility of the State when carrying out the liquidation of damages caused by the benevolent transport of passengers, it is also feasible to apply full compensation for damages in accordance with the principles of comprehensive reparation, justice, equity and the little-known pro damnato principle.