Browsing by Author "Sosa De La Cruz, Mireya Angie"

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    La ausencia de uniformidad de criterios de cuantificación de daños no patrimoniales en las sentencias fundadas de indemnización por daños y perjuicios en la provincia de trujillo en el bieno 2013- 2014
    (Universidad Nacional de Trujillo, 2016) Sosa De La Cruz, Mireya Angie
    The birth of the obligation to indemnify arises from the existence of damage, be it contractual or non-contractual, with negligence or intentional misconduct; required to enable your application fundamentally unlawful act harmful, that through judicial protection and / or Extrajudicial Conciliation Act, as applicable; return to the status quo; in other words, try as far as possible place the victim in the same situation as it was before the damage caused by a compensatory amount economic. Furthermore it’s important to emphasize that exist a proportion of victims that never report the claims to the judiciary, due to fear, ignorance, interest or because they were answered through a conciliation agreement or arbitral. Nowadays, exists the impossibility of predict an indemnification amount but it is in no way intended to decided a fixed amount but an estimated because there are founded sentences where the compensation quantum varies to similar cases falling in arbitrariness, injustice or lack of judicial criteria. In this context it is imperative to point out the need to implement general guidelines from which, without completely discarding the discretionary judge's criteria, provide an approximate amount that gives us a support under which we can apply as a victim or impose as a judge, one rough estimate to repair the damage, a fact that would give us the long-awaited legal certainty. This research is intended to alert about a vacuum or deficiency of the law to be able to notice the absence of unified criteria to determine compensatory damages in the judgments based Compensation for Damages, in order that at some possible future create or adopt a scale or set a table quantificational notion for fixing the amount of compensation. As lovers of law is our duty to be at the forefront of innovation and globalization, and constantly seek to enhance our knowledge in order to prevent possible gaps or deficiencies in the law that prevent us from practicing law with impartiality and fairness for all, say as we are called to justice.