Transmisibilidad del derecho a la indemnización por daño moral.

Abstract

Moral damages consist of the damage or harm done to the nonpatrimonial assets of a person, which are repaired through a pecuniary compensation. The recipient of the compensation for such moral damages is the affected person, but not the patrimony itself, since it is not intended to increase the assets that constitute the patrimony of the person. In order for such compensation to proceed, the existence of the damage must first be proven and then the amount of the compensation is determined. In the Ecuadorian legislation, little has been developed about the moral damage, in relation to its concept, the legal assets that are affected and if it is transferable to the heirs of the victim. This being so, this paper analyzes the different theory that state whether it is appropriate that the deceased person who directly received the damages can succeed the compensation action to his heirs. In this respect, the position that accepts the transmission to his heirs is defended, as well as the different issues involved in such transmission are examined.