Reflection on the Propagation of New Typologies of Harm
PDF (Spanish)

Keywords

Damage
Proliferation of Types
Constitutionalisation
Scientific Developments
Reclassification
Moral Damage
Psychic
Life Project
Chance
Fair Compensation

How to Cite

Reflection on the Propagation of New Typologies of Harm. (2016). Revista Ibero-Latinoamericana De Seguros, 25(45). https://doi.org/10.11144/Javeriana.ris45.rspn
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Abstract

The proliferation of new types of damage generated as question elucidate whether it is in accordance with the principle of full reparation, which focuses on fair compensation or,  on the contrary, there is an abuse.

 To ensure a response it is unavoidable to observe the influence of changes of produced paradigms, as it is the constitutionalization of the general private law and civil liability, in particular which gives man as the axis of the right by moving the patrimonial preeminence.

At the same time, to examine the evolution of the various branches of science that study the human being to acquire an interdisciplinary look that will give a greater precision in the conceptualization of the various types of damage.

From it is understood that classic qualifications and classifications of damages do not meet today's requirements, reason by which imposed a new systemisation, justifying it with the analysis of the de-linking of the moral of the psychic damage and the comparison of the damage to the project of life with the loss of chance.

To arrange the just repair, must not indemnify twice the same subject under different names, or you should dismiss a type of prejudice claimed without scientific justification.

PDF (Spanish)

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