Análisis crítico-jurídico sobre la reparación integral en víctimas de daños ocasionados en accidentes de tránsito.
Comprehensive reparation is a guarantee provided for in the Constitution of the Republic of Ecuador (CRE), and in the various instruments corresponding to international law such as international treaties and conventions, which helps compensate victims of injuries caused by traffic accidents. However...
Đã lưu trong:
| Tác giả chính: | |
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| Định dạng: | bachelorThesis |
| Ngôn ngữ: | spa |
| Được phát hành: |
2024
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| Những chủ đề: | |
| Truy cập trực tuyến: | https://dspace.uniandes.edu.ec/handle/123456789/18908 |
| Các nhãn: |
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Thêm thẻ | Tóm tắt: | Comprehensive reparation is a guarantee provided for in the Constitution of the Republic of Ecuador (CRE), and in the various instruments corresponding to international law such as international treaties and conventions, which helps compensate victims of injuries caused by traffic accidents. However, this right has been violated due to poor technical defenses and poor judicial decisions. For this reason, it is proposed to carry out a legal and critical analysis based on final judgments on traffic offences, to determine whether there has been a violation of the right to comprehensive reparation. Observing the research methodology, there is a qualitative approach that allowed us to consider the experiences and perspectives of the victims who have suffered violations of the right to comprehensive reparation. Similarly, it has a non-experimental design because it observes cases of violations of the right to comprehensive reparation in victims; its scope is legal-descriptive because it provides relevant information on the issue of violation of the right to comprehensive reparation. Regarding the results of the interview with legal experts, it was possible to confirm the need for changes in the legal framework regarding this guarantee; the way in which current regulations may be insufficient or inadequate to guarantee adequate comprehensive reparation to the victims of the crimes that are the subject of this study was considered. In conclusion, it was determined that it is necessary to restructure Ecuadorian regulations regarding the application of comprehensive reparation as an effective mechanism to guarantee a fair right for victims. |
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