Abstract

MARTINEZ-BENAVIDES, Nicolás Enrique. Analysis of the presumption of moral damage that benefits certain indirect victims in the administrative litigation jurisdiction in Colombia. Rev. Derecho Estado [online]. 2019, n.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.

Keywords : Non-material damage; presumption; contingent indication; family relations; de facto family; equality right.

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