ACTION FOR MORAL DAMAGES AND CONTINUATION OF THE PROCESS BY THEIR HEIRS

COMMENTARY ON THE JUDGMENT OF THE CHILEAN SUPREME COURT, No. 13.853-2022

Authors

DOI:

https://doi.org/10.29393/RD256-10ADRD10010

Keywords:

Action for moral damages, transferability of the action, interruption of civil proceedings (by death), resumption of the process by the heirs, Civil procedure, Case Law of higher courts (Chile)

Abstract

This paper analyzes a ruling from the Supreme Court that resolves an issue that had not been decided previously: the transmissibility of the action for compensation for moral damage when, having been filed while alive by the victim, he or she dies in the course of the instance. The opinion of the national doctrine on the matter is reviewed, its relationship with the transmissibility of moral damage, and exposing its position in order to recognize that, if the plaintiff in an action for reparation of moral damage dies after the procedural relationship has been established, The trial will continue and his heirs will collect the proceeds of the trial, because a procedural substitution will have occurred.

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Author Biography

Ramon Horace Dominguez-Aguila, University of Concepcion - Chile

Lawyer. Graduate in Legal and Social Sciences, University of Concepción, Chile. PhD in Law, University of Toulouse, France. Professor of Civil Law and Emeritus Professor at the University of Concepción, Chile.

Revista Derecho N° 256

Published

2024-12-31

How to Cite

Dominguez-Aguila, R. H. (2024). ACTION FOR MORAL DAMAGES AND CONTINUATION OF THE PROCESS BY THEIR HEIRS: COMMENTARY ON THE JUDGMENT OF THE CHILEAN SUPREME COURT, No. 13.853-2022. University of Concepción Law Review, 92(256), 233-240. https://doi.org/10.29393/RD256-10ADRD10010

Issue

Vol. 92 No. 256 (2024)

Section

Comentarios de Jurisprudencia

Copyright (c) 2024 Ramón Horacio Domínguez Águila

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