La transmisión mortis causa del derecho a ser indemnizado por los daños no patrimoniales causados por la Administración

Authors

  • Tomás Cano Campos

Keywords:

Responsibility of the Administration, non-property damages, physical injury, moral suffering, compensatory credit, mortis causa transmission, procedural succession, assessment of the damage

Abstract

This paper analyzes the legal and normative role of the right to compensation for non-pecuniary damages caused by the administration and its transmission to the heirs of the victim. Underlining the reasons why death is not compensable to who suffers it and therefore nothing can be transmitted to the heirs of the deceased, the study confronts the thesis that denies the transfer of compensation for injury and moral damage suffered before dying, as it confuses the very personal nature of the entity suffering the damage, with the nature of the right to compensation. This study also alleges the inconsistency of supporting this thesis which allows the procedural succession when the injured party has claimed before dying, and finally, emphasizes that the right to compensation in such cases has an unmistakable patrimonial character, which makes it transferable mortis causa, although the assessment must take into account the time that the victim has lived and therefore, needs to be adecuated to the damages actually suffered.

Issue

Section

STUDIES