Daños y premios: un estudio comparativo entre Colombia y los Estados Unidos
Since the inception of the theory of extra contractual liability, Colombia has strived to attain a system that fairly compensates the victims of illegal damage while keeping compensation proportional and equitable for all parties. The United States, by contrast, has developed a doctrine on da...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7537639 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 16, Nº. 1, 2019, pags. 139-152 |
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| Summary: |
Since the inception of the theory of
extra contractual liability, Colombia
has strived to attain a system that fairly
compensates the victims of illegal
damage while keeping compensation
proportional and equitable for all
parties. The United States, by contrast,
has developed a doctrine on damages
that looks to reestablish the plaintiff’s
rights while issuing civil punishment
to the offending party. This paper aims
to make an approximation between
two systems, giving special importance
to new jurisprudence that points to
the eventual recognition of punitive
damages in Colombia and outlining the
legal discrepancies that prevent punitive
damages from becoming a reality in this
South American country. |
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