La acumulación de reparaciones administrativas y judiciales de las víctimas del conflicto armado colombiano. Análisis a partir de la compensatio lucri cum damno
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Currently, one of the central discussions in Colombian contentious-administrative jurisprudence focuses on the possibility of accumulating or making compatible the administrative and judicial reparations granted to victims of the internal armed conflict when the damages claimed are imputable or attributable to the State. This paper analyzes this issue in light of the two main doctrinal understandings of compensatio lucri cum damno, its proposed regulation in the European Principles of Civil Liability, and the application of compensation for benefits in the Spanish and Colombian legal systems. However, before answering the research question, this paper introduces the reader to the administrative reparation regimes for civilian and military victims of the war in Colombia and to how the Third Section of the Contentious-Administrative Chamber of the Colombian Council of State has understood this controversy. Having clarified the above and based on the study of the aforementioned compensatio lucri cum damno, it was concluded that the administrative and judicial reparations in question should not be accumulated because, among other reasons, both seek to alleviate the negative effects of the impairment (similarity of cause), they originate from the same damaging subject, that is, the Public Administration, and the damage that is sought to be compensated is the same
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