Abstract

GAVIRIA CARDONA, ALEJANDRO. Unification Judgment of the Third Section of the State Council of July 18, 2019 (exp. 44.572): Reborn from the legal test fee?. Rev. Derecho Privado [online]. 2020, n.38, pp.349-360. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n38.13.

The State Council specified the criteria for the recognition of loss of earnings and of the consequential damages for unjust deprivation of liberty. The first requires proof that at the time of retention a lucrative activity was exercised and that he could not continue to perform it. If this is proved, but not the income, it will be presumed to accrue the current monthly legal minimum wage (SMLMV). Now, social benefits will only increase in the case of an employment relationship. Regarding the second, he established the ideal proof for recognition: invoice or equivalent document and certification of payment, which places us in the legal test fee system.

Keywords : Unjust Deprivation of Liberty; Compensation for Property Damage; Loss of Profit; Lucrative Activity; Social Benefits; Emerging Damage; Invoice or Equivalent Document; Legal Proof Fee; Free Valuation; Sound Criticism.

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