La indemnización por causa de muerte en la experiencia europea y española a la luz de la realidad colombiana

The objetive of this research focuses on carrying out a study of the main aspects of the damage (death itself as compensable damage, compensation for injuries before dying, and other analogous assumptions); as well as the repercussions on the closest relatives, both extra-patrimonial and patrimonial. Regarding non-pecuniary damage, this research starts from the study of the different models of compensation that exist in Europe. There are from those legal systems that do not pay remuneration, those that are restrictive, those that compensate conditionally, to the open ones, i.e. general clause; focusing on the Spanish model and the reform of the personal injury assessment system encompassed in law 35/2015, of September 22. This research seeks to determine the different ways to compensate property damage, specifically the coverage of compensation for emergent damage, for burial expenses and other similar charges. Furthermore, this research seeks to determine how to compensate the lost profits while differentiating its two main components. On the one hand, the certainty of the income that the victim had and would have had (had they not died) and, on the other, the certainty and extent of the economic dependence of the survivors, based on the main European legal orders. Once these two requirements are determined, this study intends to liquidate the damage and to consider multiple variables, such as the discount rate for advance payment, the possible discount for the sums that survivors receive for public pensions, etc ​
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