Civil Liability Study Guide.

Unit 1.
Civil liability.
It is the obligation that a person has to prevent or repair damage caused to another or to their...
heritage and which is the result of unlawful conduct.
It can be:
Contractual. (liability for breach of obligation).
Extracontractual. (arises from the violation of the general duty not to harm).

Unit 2.
Tort law.
All issues related to prevention, damage repair, and punishment are included.
Functions:
Preventive.
Restorative.
Punitive.

Preventive function.
It is to prevent damage from occurring, but if it has already happened, its purpose is to...
harmful consequences do not continue or worsen.
Every person has the duty to:
to avoid causing unjustified harm,
To adopt reasonable measures to cause damage or reduce its magnitude,
Do not aggravate the damage if it has already occurred.

Preventive action: It proceeds against any unlawful action or omission that makes it foreseeable
production of damage, its continuation or aggravation. The concurrence of any is not required.
attribution factor.

Punitive function.
It is the application of a financial penalty consisting of the payment of a fine.

Restitution function.
It aims to repair the damage suffered by a person. For this process to be necessary
that the four prerequisites of civil liability are met.

Unit 3.
Antijuridicality.
It is behavior contrary to the legal order.
It can be:
. Positive. (action).
. Negative. (omission).
Justification factors to be exempt from unlawful conduct:
Regular exercise of a right.
 Compliance with a legal obligation.
State of necessity.
Legitimate defense.
Consent of the victim.
Regular exercise of a right constitutes lawful conduct, without hindering the eventual causation of
damage to third parties.
Compliance with a legal obligation: Includes situations provided for in the penal code.
State of necessity: Situation in which a person finds themselves in order to avert harm to themselves or to
another imminent danger that threatens their property justifiably causes a lesser evil.
Legitimate defense: It requires that there be an illegitimate aggression and that it falls upon the person or
his assets.
Consent of the injured party: Consent releases from liability for damages
derived from the damage to available goods.

Assumption of risks.
The voluntary exposure by the victim to a dangerous situation does not justify the act.
harmful nor exempts from liability unless, due to the circumstances of the case, she can
to qualify as a fact of the victim that interrupts total or partially the causal link.

Unit 4.
Damage.
There is harm when a right or an interest not disapproved by the legal system is injured.

Compensation.
It understands the loss or decrease of the victim's assets, the lost profit in the benefit.
expected economic value according to the objective probability of its attainment and the loss of
chances.

Requirements for compensable damage.

The damage, in order to be compensable, must meet the following characteristics:
Be direct or indirect,
Actual or future,
True and subsistent.
The loss of chance is compensable to the extent that its contingency is reasonable and keeps
an adequate causal relationship with the generating fact.

Full repair.
It consists of restoring the victim's situation to the state prior to the damaging event, whether
for payment in cash or in kind.
The repair is at the discretion of the injured party unless it becomes completely impossible.
partial, or excessively burdensome or abusive.

Mitigation of liability.
The judge, when determining the compensation, may reduce it if it is equitable based on:
The debtor's assets,
The personal situation of the victim,
The circumstances of the fact and,
 The absence of intent of the responsible party.

Damage test.
The damage must be proven by the one who invokes it, unless the law imputes or presumes it, or that
notorious surge of the very facts.

Early waiver of responsibility.

The clauses that exempt or limit the obligation to indemnify are invalid.

Classes of damages.
The damages are divided into:
Property (or material) damage, and,
Moral damage (or non-patrimonial).

Property damage.
It refers to an impact on the person's assets.
Divided into:
Emerging damage. (causes damage to the assets of the victim directly or
indirectly, affecting goods or economic resources, or generating expenses that imply a
reduction of its assets.
Lost profit. (generates a loss of earnings or profits as a consequence of the event
anti-legal)
Loss of chance. (it is the loss of the opportunity or the possibility of achieving a
property benefit due to the harmful act.

Moral damage.
It occurs when there is an injury, damage, or harm to emotional integrity and
spiritual of the victim.

Compensation for death.

In the event of death, the compensation must consist of:
The necessary expenses for the assistance and subsequent funeral of the victim,
The necessary support for the spouse, the partner, the minor children, of the
incapable or restricted capacity children,
The loss of the chance of future assistance due to the death of the children.

Unit 5.
Attribution factors.
It is the foundation that the law takes into consideration to legally attribute the obligation of
compensate for a damage, placing the burden on the appropriate party.
They are divided into:
Objectives.
Subjetives.

Objective factor.
It is objective when the fault of the agent is irrelevant to the effects of attributing responsibility.
The created risk: It involves the introduction into the community of some situation that aggravates the
danger of causing harm, by enhancing or multiplying the possibility of resulting damages.
Equity: When, through an involuntary act, harm is caused to a third party, the judge may
grant a compensation based on equity parameters, weighing the importance of
the author's assets and the personal situation of the victim.
The guarantee: An objective factor by which certain subjects are committed to indemnify.
the damage, irrespective of any fault on their part.
Exemptions: To be exempt from responsibility, it is not enough to argue that there was no fault.
part of the responsible party, but may be exempted by proving the breaking of the causal link. (fortuitous event,
made by a third party or by the victim herself.

Subjective factor.
It is the factor that weighs on the conduct of the agent that causes the damage.
It is divided into:
. Dolo,
. Guilt.
Eximents:
Legitimate defense,
State of necessity,
Regular exercise of a right,
Impossibility of compliance,
Consent of the injured party.

The guilt.
It is the omission of due diligence according to the nature of the obligation and the circumstances.
of the people, the time, and the place.
It can manifest as:
Imprudence. (acting thoughtlessly and hastily).
Negligence. (not anticipating what another individual in the same situation anticipates).
Ineptitude. (not respecting the rules of art, trade, profession).

Dolor.
Action or omission by the subject with the intent to cause harm or a manifest indifference towards
the interests of others.

The test in the attribution factors.

The burden of proof in attribution factors and exonerating circumstances corresponds to
who alleges them.
Objective factor: There is a presumption and the burden of proof for the exemption lies with the one who claims it.
Subjective factor: it must be proven whether there is fault or intent. In case of claiming an exemption, the one who...
Alega should try it.

Behavior assessment.
The greater the duty to act with prudence and full knowledge of things, the greater the
diligence required of the agent and the assessment of the foreseeability of the consequences.
Degrees of predictability:
The subject can foresee the consequences of an event according to the normal course and
extraordinary things.
Mayor: the person who has the greatest knowledge due to their trade, art, or profession,
 It must have a greater degree of predictability regarding the consequences of its actions.
Special trust: It is when one person hires another because they trusted in their craft, art or
profession, much more is required from them than from an ordinary person.

Unit 6.
Causal nexus.
It is the relationship between the damage caused and the person’s actions.
Double function:
It allows determining authorship. (the person responsible for the damage).
The scope of compensation. (what consequences must be compensated).
Types of consequences:
Immediate. (These are those that arise directly as a consequence of the act itself,
without an intervening distinct fact between this and the consequence.
Mediated. (they are those that result only from the connection of a fact with a
distinct event)
Casual. (they are the indirect consequences that cannot be foreseen).
Remote. (casual consequences that are very far from the event).
Contractual predictability: Parties are responsible for the consequences that they foresaw or could have foreseen.
news anticipated at the time of its celebration.

The test of causal relationship.

In principle, it is the actor who must prove their existence, unless the law imputes it or the
presume. While the burden of proving the existence of a cause falls on the defendant
alien or the impossibility of compliance.

Interruption of the causal relationship.

Fact of the victim: Responsibility can be excluded or limited by the occurrence of
fact of the damaged party in the production of the damage.
Force majeure or unforeseen event: Exempts from responsibility the fact that could not have been anticipated or
that, having been foreseen, could not be avoided.
Fact of a third party: The fact to exempt from responsibility must be unforeseeable or inevitable.
for the union as responsible.
Impossibility of compliance: The debtor is exempted from the fulfillment of an obligation, and
is not liable if the obligation has been extinguished due to objective impossibility of performance and
absolutely not attributable to the obligated party.

Assumptions of liability for fortuitous events or impossibility of compliance.

The responsible party must also face compensation for the damages caused:
If the compliance has been assumed, even in the case of force majeure or impossibility,
If a legal provision indicates that one is not released from responsibility,
If you are in default,
If the fortuitous event or impossibility arises due to the fault of the agent,
If fortuitous case or impossibility constitutes a contingency inherent to the risk of the
thing or activity,
If you are obliged to return as a consequence of an unlawful act.
Unit 7.
Direct responsibility.
The direct responsible party is someone who fails to fulfill an obligation or causes unjustified harm through action.
an omission.

Compensation for equity.

The author of a damage caused by an involuntary act is liable for reasons of equity.

Damage caused by irresistible force.

When the damage has been caused by an irresistible force, the perpetrator shall not be liable.
respond in front of the victim.

Liability for the acts of third parties.

The principal is objectively liable for the damages caused by those under their dependence.
or the people they use to fulfill their obligations, when the act
harmful occurs in the exercise or on the occasion of the assigned functions.
The lack of discernment of the dependent does not excuse the principal.
The principal's responsibility is concurrent with that of the employee.

Made of children.
Parents are jointly responsible for the damages caused by their children who are
they are under their parental responsibility and live with them, without prejudice to the
personal and concurrent responsibility that may apply to the children.
Parents may exempt themselves from liability by proving one of the extenuating circumstances:
that the son was placed under the supervision of another person,
The fact of the victim,
the act of a third party for which it is not liable,
Fortuitous case,
The lack of coexistence of the minor with their parents and the extinction of responsibility.
parental
The exercise of the tasks inherent to the profession, of subordinate functions.
commissioned by third parties and the fulfillment of validly incurred obligations by
the younger.

Other responsible persons.

The delegates in the exercise of parental responsibility, the guardians and curators, the
responsible for the damage caused by those under their charge.
To be exempt from liability, they must prove that it has been impossible for them to avoid the damage.
The establishment responsible for the interned individuals is liable for negligence in the
care of those who have been placed under their supervision and control.

Responsibility for the occurrence of risky things and activities.

Every person is responsible for the damage caused by the risk or defect of things, or of activities.
that are risky or dangerous by nature, by the means employed, or by the
circumstances of its realization.
Responsibility is objective.
The administrative authorization for the use of the thing or the execution of the
activity, nor compliance with prevention techniques.

Responsible subjects.
The owner and the guardian are jointly responsible for the damage caused by things. These do not
they respond if they prove that the thing was used against their will.
In case of risky or dangerous activity, it responds to whoever performs it, serves or obtains a benefit.
of her, for herself or for third parties.
Owner: it is the one who holds the title of ownership.
Guardian: is the one who exercises the use, direction, and control of the thing.

Damage caused by animals.

The owner or guardian of the animal responds objectively.

Unit 8.
Something thrown or fallen that causes damage.
If something falls from a part of a building, or if it is thrown, the owners and occupants of said
the parties are jointly liable for the damage caused.
Only those who prove that they did not participate in its production are released.

Anonymous author.
If the damage comes from an unidentified member of a specific group, they respond.
solidarily all its members, except for the one who proves that they have not contributed to it
production.
If a group engages in an activity that is dangerous to others, all its members are liable.
jointly liable for the damage caused by one or more of its members. Only those who are freed
prove that I was not part of the group.

Unit 9.
Liability of the legal entity.
They are liable for the damages caused by those who direct or manage them in the exercise or occasion of
its functions.

Responsibility of the State, of the official, and of the public employee.

They are governed by the rules and principles of national or local administrative law according to
correspond.
The provisions in the civil and commercial code are inapplicable to these cases of liability.

Responsibility of educational institutions.

The head of an educational institution (not university or higher education) is responsible for
the damage caused or suffered by its underage students when they are or should be present
under the control of the school authority.
Responsibility is objective and is only exempted with the proof of fortuitous case.

Liberal professions.
It is subject to the rules of obligations to act. Liability is subjective, except that
a concrete result has been committed.
Traffic accidents.
Whatever the vehicle, as long as it is a traffic accident, a response will be given.
objectively, whether due to the risk or vice of the thing.

Privacy protection.
He who arbitrarily intrudes into another's life disturbing their privacy in any way,
must be forced to cease such activities, and to pay compensation to be determined by a judge.
At the request of the aggrieved party, the publication of the sentence may be ordered in a media outlet.
communication.

Slanderous accusation.
The complainant is liable for damages arising from the falsehood of the complaint if it is proven that they are not.
I had justifiable reasons to believe that the victim was involved.

Unit 10.
Actions.
Given the four liability insurance policies, we can choose between a legal claim or
extrajudicial.

Extrajudicial claim.
It is when a note, administrative file is presented, we send a document letter or
telegram claiming the responsible party for the repair of the damage within the specified timeframe.

Judicial complaint.
To present the claim through the judicial route, the specific case must be analyzed to see if it is appropriate.
a criminal and/or civil action.
Civil action is when the victim of an unlawful act initiates legal proceedings in court.
civil.
The civil action and the criminal action resulting from the same fact can be exercised
independently.
If the criminal action precedes the civil action, the issuance of the final judgment must be suspended.
in the civil process until the conclusion of the criminal process.
Exceptions:
. If there are mitigating factors for the extinction of the criminal action,
. If the delay in the criminal process effectively frustrates the right to be
compensated,
. If the civil action for damages is based on an objective factor of
responsibility.

Criminal conviction.
The criminal conviction has the effect of res judicata in the civil process regarding the
existence of the main fact that constitutes the crime and the guilt of the convicted.
The absolving criminal excuses do not affect the civil action, except for contrary provision.