Publicación:

El principio de reparación integral en la responsabilidad civil extracontractual en accidentes de tránsito

Resumen

This work examined the principle of comprehensive reparation in cases of traffic accidents framed in tort law. From a methodological point of view, this investigation was of a socio-legal nature and the documentary review technique was used. A review of the regulations concerning the subject of investigation and of judgments of the Supreme Court of Justice of the Civil Cassation Chamber was carried out. on the principle of comprehensive reparation in traffic accidents, making a review of cases from the last 9 years, which allowed the realization of the jurisprudential line of the application of this principle, as well as other investigations, monographs and article that addressed this thematic to complement the process. Among the most important findings, it was evidenced that the need for the presentation of evidence on the economic, health and other conditions of the victim prior to the traffic accident limits and even becomes an obstacle to achieving comprehensive reparation. Likewise, it was evident that in some rulings, the evidence was omitted for not providing original documents, even though the judge has the power to request these documents from the entities if they are required.