La responsabilidad civil del empleador por enfermedades ocupacionales en Venezuela
The purpose of this dissertation is to critically review the system of employer liability for occupational diseases in Venezuela. To do this, set the following objectives: - To analyze the conceptual basics of liability and the philosophical foundation of the theories of liability subjective and obj...
Zapisane w:
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2015
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| Hasła przedmiotowe: | |
| Dostęp online: | http://hdl.handle.net/10872/12359 |
| Etykiety: |
Nie ma etykietki, Dołącz pierwszą etykiete!
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| Streszczenie: | The purpose of this dissertation is to critically review the system of employer liability for occupational diseases in Venezuela. To do this, set the following objectives: - To analyze the conceptual basics of liability and the philosophical foundation of the theories of liability subjective and objective ; - Describe the current system of employer liability for accidents at work and occupational diseases Venezuela ; - Study the problems that currently represents the system of corporate accountability occupational diseases suffered by workers in Venezuela . The methodology was qualitative in nature, since they were introduced theories, thoughts, conclusions, recommendations based on the author's thought, through legal research , case law and doctrine . The findings generated are: - To analyze the contents of the evolution of civil liability in Venezuela showed the assumption of the jurisprudence of the Social Chamber of the Supreme Court of Justice of the strict liability theory for the origin of compensation for moral damage. This jurisprudential approach but has been criticized by doctrine is justified by philosophical reasons and the complexity of determining the fault of the employer in certain occupational diseases such as herniated discs, as such, under the principle of intangibility and progressivity rights of workers should continue to apply . However, the payment of compensation for moral damage is attributed jurisprudence the employer and not the social security system, so that taking into account the increase in litigation and the economic impact posed to the public and private employer a claim this nature judicial system reform raises employer liability for occupational diseases that secures the payment of such compensation to the Venezuelan social security system. |
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