Examinando por Materia "miembros de la familia"

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    La muerte o lesión del animal de compañía y el daño moral : ¿cuánto vale perderlos?
    (Universidad EAFIT, 2025-09-29) Peláez Rendón, Sarah Sofía; Espinosa Calle, Mariana; Alzate Tobón, Laura Daniela
    The leading role that companion animals have acquired today has driven a significant number of legal advances. Among these are the strengthening of laws against animal abuse, the recognition of the multi-species family, and even the granting of compensation for the moral damage caused by their loss or injury. Paradoxically, however, these advances encounter limitations when it comes to the economic quantification of non-pecuniary damage, since jurisprudence continues to uphold a patrimonialist view, treating pets as mere objects and seemingly disregarding the profound emotional bond between humans and their animals. This situation is further aggravated by the lack of uniform judicial criteria to adequately assess such damages. Hence arises the need to analyze the current legal treatment of non-pecuniary damage in these cases, and to propose a set of more coherent, fair, and empathetic criteria—ones that resonate with the emotional reality that the loss of a companion animal entails. To this end, through a qualitative methodology, the current Colombian legal framework will be examined in order to identify the country’s starting point regarding the place of animals in law and compensation for moral damage, specifically in cases of pet loss or injury. Subsequently, several foreign legal systems will be studied, as they have addressed this same issue through their own legal practices and social progress. All of this will culminate in the creation of a set of parameters, adapted from those international practices, which could serve Colombian judges as useful tools when determining compensation for moral damage arising from the loss or injury of a being that has now become part of the family nucleus: the companion animal.