Problemática jurídica en torno al elemento extraño a raíz de las lluvias excesivas: Análisis comparativo de la jurisprudencia civil de la Corte Suprema de Justicia colombiana y el Tribunal Supremo Español*

Los cambios climáticos han generado, entre otros fenómenos, fuertes temporadas de lluvias que han afectado tanto bienes como vidas humanas. Este escrito pretende abordar el manejo de aguas en el contexto de la responsabilidad por los perjuicios que ello cause, a través de un estudio comparativo de la jurisprudencia colombiana y española, para así determinar los actuales lineamientos frente al manejo de lluvias y los resultados frente a su alegación como causal de exoneración. Se concluye que frente a los daños originados en inundaciones o anegaciones por lluvias excesivas, la respuesta del ordenamiento jurídico no es absoluta y se impone el estudio del elemento exógeno o control de la actividad en aras de definir si efectivamente se rompe el nexo de causalidad. Así, el elemento de prevención será determinante con miras a identificar el responsable de un daño, de forma que siempre que los daños sean imputables a una falta de control de una actividad relacionada de manejo o vigilancia de aguas o cauces, pero que sus consecuencias sean superables con medidas de prevención, no será admisible destruir el nexo de causalidad alegando fuerza mayor.The climate change has affected the earth in different ways. Frequents rain and floods are just one of them, and have caused damages in goods and lives. This document studies the water manage and the responsibility with a comparative method. Thus, comparing the decision of the Colombia and Spain Supreme Court, this text concludes that the prevention and the control of the activity determine the criteria to identify who is liable of water damage

Accumulation of the personal action and the hereditary action in the colombian law

This work analyzes the rationale of article 1006 of the Colombian Commercial Code which prohibits the heirs of a passenger killed in an accident, during the execution of a transport contract, from cumulatively exercising the contractual action created by the carrier and the respective action for tort. The article examines the issue of the concurrence of the damage that the person who dies suffers and the damages which are inferred to the heirs by the deceased arising from the death of the person. From this review the author asserts that both damages must be repaid in their totality and in the same judicial process, and that the reasons that once explained the prohibition of accumulation of both actions, have disappeared as a result of accurate precedents in recent case law in this respect. Nevertheless, this affirmation is not valid in relation to the transport contract because express law exists to opposite effect, indeed, the aforementioned article 1006. Therefore, modification of this article is recommended as the prohibition is not reasonable, since the arguments which allow the accumulation of actions for other events are equally applicable to the transport contract

A Research study on the consumer attitudes towards Uratex mattresses

This study aims to discover the various attitudes of the target market as a whole of Uratex Philippines for its best selling foam mattress-the Uratex foam mattress. The proponents of this study have done the necessary research in the hopes that this could aid the company in using the marketing concept, which states that the satisfaction of consumer needs should be the determinants for product development as well as marketing strategy. Hence, the main objective of this research was to determine these consumer attitudes towards the product in question-Uratex foam mattresses. Other topics that were discussed would be the reasons for buying, brand and type preferences, brand positioning, word/brand association, as well as general attitudes and perceptions of the four P\u27s product, price, place, and promotion. These included ratings of brand quality, areas of improvement, price perception, counter sales force effectiveness, outlet location, and likelihood of repurchase of a Uratex mattress. Other suggestions and comments were also be solicited. In terms of methodology, the descriptive approach was utilized. A survey in Tagalog was handed out to respondents based on criteria (sex, age, monthly income) regarding the target market. A total of 240 survey questionnaires were distributed between four Uratex retail outlets and four Shoemart outlets. Percentages were taken to measure the answers. Through the survey it was discovered that consumers not only preferred mattresses that are just right in terms of resiliency, but those that are durable as well. Product attributes such as quality, brand, price were also significant in choosing a mattress. Uratex was clearly identified with foam bedding. It is also the leading choice in buying mattresses in the market today since 75 respondents, which represents the total population, were Uratex buyers. The product (mattress) was rated good in terms of quality, and reasonable in terms of price. Word-of-mouth was apparently the most effective form of non-traditional advertising whle respondents also judged the current promotional efforts as effective. Outlets were considered accessible. All these including the fact that the majority of the respondents are satisfied with the value they are getting from Uratex mattresses, support the finding that there is a great probability that the respondents will make another purchase. Recommendations include the use of a new logo and slogan in response to the importance of brand in terms of mattress purchase. Furthermore, safeguarding against imitators through product stamping would also be advisable seeing as consumers are very concerned with quality. The other major suggestion in response to the answers in the survey is the improvement of the mattress cover in terms of design, durability, and anti-stain guards. With regards to price, the only major recommendation was to begin a product bundling program which would entice more individuals to purchase a Uratex mattress as well as promote the other products of the company. Consumers were found to be generally satisfied with the prices of the Uratex mattress and so no changes are really necessary in this area. In terms of place, outlet location did not seem to be of great importance to consumers probably due to the wide distribution already in place via the Uratex retail outlets as well as the Shoemart distributors. Despite this, there is definitely no harm in increasing the number of outlets in strategic areas of the metropolis. The addition of delivery trucks to speed up delivery services would also be advisable. Promotional recommendations include separate displays for the mattresses as well as coupons to draw customers to the outlets. Advertising efforts will be continued througn billboards, a web page, television sponsorships, radio, and print media. a public relations program was also recommended whereby the company would donate mattresses to various institutions such as orphanages, hospitals, jails, and the like. This would indicate the high sense of social responsibility of Uratex Philippines and would in turn be the company\u27s way of thanking its external publics for their continued patronage. Other recommendations include service-oriented training seminars for the counter sales force and additional research efforts geared towards consumer behavior and the four P\u27s individually. This would allow the company to truly attune to the needs of its target market