La prueba del daño moral.
Reflecting on the nature of moral harm can be a quite complex issue, as it poses the need to inquire into the characteristics that encompass and define this type of entity that has suffered a damage capable of being repaired or compensated. This analysis requires, as an initial matter, going back to...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Universidad Nacional de C´órdoba- Facultad de Derecho- Centro de Estudio de Derecho de Daños
2024
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| Acceso en línea: | https://revistas.unc.edu.ar/index.php/estudioscentro/article/view/44168 |
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| Sumario: | Reflecting on the nature of moral harm can be a quite complex issue, as it poses the need to inquire into the characteristics that encompass and define this type of entity that has suffered a damage capable of being repaired or compensated. This analysis requires, as an initial matter, going back to the very nature of things that exist, because for things, entities, to be harmed, they must first exist; this is natural and obvious. Only after we can identify the nature of their existence, we will be in a position to progress in the analysis of the causes and conditions that allow us to verify the existence of harm or damage from which compensation for the accused may or may not arise. This implies investigating the proof of moral harm, its means, requirements, and possibilities. In modern societies, trust in the judicial process is increasingly grounded and dependent on the seriousness and reasonability of evidence; therefore, paying attention to the best resources or possibilities for substantiating facts will result in a better justice system. |
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