El daño moral indirecto familiar y social como responsabilidad patrimonial de la Administración
Guardado en:
| Údar: | |
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| Formáid: | tesis de maestría |
| Fecha de Publicación: | 2025 |
| Cur Síos: | This paper examines the legal framework of indirect moral damage, defined as harm suffered by individuals collaterally affected due to direct damage inflicted upon a third party. The conceptualization of indirect moral damage requires fulfillment of essential parameters: damage must be certain (real and effective, not hypothetical), personal (affecting the claimant directly or indirectly), and both effective and evaluable (susceptible to monetary valuation). From a subjective perspective, this research delimits the scope of subjects entitled to compensation from the Administration for indirect damages. A critical determinant is the existence of a juridical link between the indirect victim and the direct victim, rather than merely an affective bond. In the family context, this juridical link is established through the legal concept of FAMILY, while in social contexts, it manifests as COLLECTIVE INTEREST. The analysis distinguishes indirect moral damage from liability for acts of third parties. In the former, there is an expansion of the objective element (the damage itself), extending beyond the original victim to those affected by the ripple effect of the initial harm. This differs significantly from liability for acts of third parties, which typically involves culpa in eligendo or culpa in vigilando, where responsibility shifts based on extension of subjective elements of imputation. From an objective perspective, the causal nexus in indirect damage cases operates on a second level but remains equally determinant and efficient. The persistence of damage is crucial for compensation claims, as is the principle that compensation for the direct victim does not automatically compensate the indirect victim. The study also addresses collective moral damage, where harm affects a group sharing common interests. This includes environmental contexts where pollution indirectly disrupts collective well-being, creating liability for damage derived from environmental contamination. |
| País: | Kérwá |
| Institiúid: | Universidad de Costa Rica |
| Repositorio: | Kérwá |
| Teanga: | Español |
| OAI Identifier: | oai:kerwa.ucr.ac.cr:10669/102175 |
| Rochtain Ar Líne: | https://hdl.handle.net/10669/102175 |
| Palabra clave: | Derecho daño moral indirecto |