Revista Derecho del Estado
ISSN 0122-9893
MARTINEZ-BENAVIDES, Nicolás Enrique. Analysis of the presumption of moral damage that benefits certain indirect victims in the administrative litigation jurisdiction in Colombia. []. , 42, pp.181-210. ISSN 0122-9893. https://doi.org/10.18601/01229893.n42.07.
This article studies the presumption of non-material damage (moral damage) in favor of indirect victims in the administrative jurisdiction. The author begins the study by analyzing the various theories surrounding the proof of non-material damage (moral damage). Additionally, the author provides the reasons for which proof of the non-material damage (moral damage) of some indirect victims corresponds to a presumption and not to a clear indication. The article ends by explaining the reasons why the structure of presumption leads to compensation of uncertain damages, as well as being discriminatory against non-traditional family models.
: Non-material damage; presumption; contingent indication; family relations; de facto family; equality right.