Acumulación de la acción personal y la acción hereditaria en el derecho colombiano
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 tor...
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| Format: | Article |
| Language: | Spanish |
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Universidad del Rosario
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3268077 |
| Source: | Revista Estudios Socio-Jurídicos, ISSN 0124-0579, Vol. 12, Nº. 1, 2010, pags. 365-381 |
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| Summary: |
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. |
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