Examinando por Materia "Nexo causal"

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    El fenómeno de la concurrencia causal en colisión de actividades peligrosas (accidentes de tránsito) por culpa de la víctima : análisis jurisprudencial
    (Universidad EAFIT, 2023) Garcia Pabón, Daniel; González Jaramillo, Jose Luis; Villa García, Luis Felipe
    To determine causation, the doctrine and the Court have opted for various theories. However, in the face of the concurrence of causes in the development of dangerous activities (traffic accidents, in particular) due to the fact or fault of the victim, the jurisprudential treatment has been scarce. This research identifies the most relevant judgments handed down between 2019 and 2022 by the Supreme Court of Justice, in which the Civil Chamber faced such assumptions, with the purpose of identifying the solutions and criteria used. Also, this monograph takes a position on the most recent jurisprudential position and proposes the application of criteria to facilitate the determination of the causal link.
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    Relación jurídica sobre el acoso laboral y la culpa patronal en torno a las enfermedades mentales
    (Universidad EAFIT, 2023) Marín Zapata, Simón Jairo; Piedrahita Vargas, Camilo
    Mental illnesses as a consequence of labor harassment are protected by the Colombian legal system; likewise, the WHO has established several guidelines to understand mental health as a state of well-being of individuals that allows their development in the community. In accordance with, the Political Constitution of Colombia guarantees the right to health of all the inhabitants of the Colombian territory. For this reason, this essay addresses elements that allow identifying the circumstances that arise in the context of labor relations that generate mental illnesses in workers as a consequence. And we try to elucidate the reasons why these mental illnesses are effectively configured as a result of labor harassment and employer's fault; rather than from situations that are more related to the and employer's guilt, rather than situations and circumstances that affect the individual in everyday life. The above, from various sources that have their origin in the World Health Organization, the Diagnostic and Statistical Manual of Mental Disorders, the International Labor Organization, the Ministry of Labor, the Political Constitution of Colombia, the Colombian Labor Code, Law 1010 of 2006 on Labor Harassment, Decree 1295 of 1994, national jurisprudence and doctrinal elaborations of various authors. In this way, a qualitative study is carried out to identify the factual circumstances from empirical elements, in order to perform an analysis of the psychological damage in terms of disorders and pathologies that arise in relation to work and more specifically to harassment at work. Finally, the most relevant jurisprudential considerations on the subject are grouped in order to conclude the imperative need for the protection of workers, from a labor and legal perspective.