Abstract

AMAYA SUAREZ, Mario Alberto. Suicide as an insurable risk in Colombia: A jurisprudential analysis based on the theory of the judicial precedent. rev.ces derecho [online]. 2020, vol.11, n.2, pp.88-107.  Epub July 28, 2021. ISSN 2145-7719.  https://doi.org/10.21615/cesder.11.2.6.

The present work seeks to carry out an analysis of suicide as an insurable risk from a sentence handed down in 2018, by the Civil Cassation Chamber of the Supreme Court of Justice. The foregoing is approached from the conception of the precedent in the Colombian legal tradition and from the realization of a static jurisprudential analysis. The purpose of the work lies in identifying the scope of the decision issued by the Supreme Court of Justice and reflecting on the application of the figure of the precedent in the sentence analyzed. To do this, a dogmatic methodology based on normative, jurisprudential, and doctrinal analysis of the topics addressed was implemented. The present paper manages to reflect, firstly, on the scope of the judgment handed down by the Court and, secondly, on the problems of the application of judicial precedent in Colombia.

Keywords : Suicide; insurable risk; Precedent; Ratio decidendi; Obiter dicta..

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