Análisis comparativo del tratamiento al concepto de pensión de sobreviviente para compañera o compañero permanentes y causante con sociedad conyugal vigente por parte de las altas cortes colombianas entre los periodos 2003 al 2012 y del 2012 al 2018

Abstract

This document was proposed to analyze legally the treatment of the concept of survivor's pension for companions or permanent companions of the deceased with current marital partnership by the Colombian High Courts between the periods 2003 to 2012 and 2012 to 2018, having as pillars to perform said fragmentation the occurrence of two transcendental events in the pension legal field, the first one happened on January 29, 2003 in the Congress of the Republic, after the promulgation and publication of Law 797 of 2003, which gives special treatment to legal bond of marriage and the second of them the sentence of November 29, 2011 under filing 40055 with a presentation by Judge Gustavo José Gnecco Mendoza of the Labor Chamber of the Supreme Court of Justice, which applies law 797 of 2003, with effects as of 2012. Therefore, in this paper a descriptive investigation, of qualitative hermeneutic court, was developed through the study of judgments of the Constitutional Court and of the Supreme Court of Justice, more important on the subject treated.