Transmisibilidad del credito por dano moral en el derecho japones

Translated title of the contribution: Inheritance of Claims for Moral Harm in Japanese Law

Ruben Enrique Rodríguez Samudio*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

The inheritance of claims for moral harm in cases where the victim died is not uniform in comparative law. Some jurisdictions explicitly prohibit the inheritance of such claims, except in cases where the victim sued before dying. In others, the heirs have an independent claim. Nevertheless, many jurisdictions are silent on the matter. Japan follows the last approach, which caused broad discussion on the nature of moral harms and their inheritance, which ended in courts admitting that the victim's heirs could inherit the claim. In turn, this led the case law to accept new claims for medical malpractice, using the general principle of inheritance of claims for moral harm.

Translated title of the contributionInheritance of Claims for Moral Harm in Japanese Law
Original languageSpanish
JournalVniversitas
Volume71
DOIs
Publication statusPublished - 2022
Externally publishedYes

Keywords

  • civil laws
  • comparative law
  • Japan
  • medical malpractice
  • moral harm

ASJC Scopus subject areas

  • Law

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