Civil Liability and Tort Law Principles

Civil Liability and Legal Obligations

Disclaimer: The subject of one person's duty involves the breach of conduct imposed in the interest of another subject, leading to the obligation to repair the damage produced, whether contractual or extra-contractual. Extra-contractual liability is classified as the production of harm to another person by having transgressed the generic duty to refrain from conduct adversely affecting others. Civil obligations born of crimes or offenses are governed by the Penal Code (Art. 1092), while acts and omissions involving fault or negligence not punished by law are governed by civil rules (Art. 1093).

Types of Liability

Liability can be categorized as follows:

• Subjective Liability: Based exclusively on fault.
• Objective Liability: Founded regardless of blame.
• Direct Liability: The person causing the damage is responsible for their own acts.
• Indirect Liability: Compensation is required from a person who is not the agent producing the harmful event.
• Principal Liability: Payable in the first term.
• Subsidiary Liability: When the duty of the principal responsible party does not exist or is not complied with.

Subjects of Civil Liability

Civil liability results in a relationship of obligation: there is a credit right, of which the holder is the creditor, and a duty of performance, where the debtor is the person whose position is legally placed for reparation. There may be cases where the responsible party is the same tortfeasor, which is referred to as liability for one's own facts. Additionally, liability can be placed in the charge of a person other than the perpetrator, known as liability for unrelated events.

Vicarious Liability and Article 1903

Vicarious Liability: Article 1903 states that the obligation is also due for those persons for whom one is responsible. This liability is required by law to repair the damage caused by the actions of another person. Article 1903 also specifies that the liability mentioned in this article shall cease when the persons involved evidence they used all the diligence of a good father to prevent damage, such as parents' responsibility for their children.

Understanding Damage and Compensation

The Damage: A necessary budget arises for the obligation to repair (Art. 1902). Jurisprudence admits that damage can be both moral and patrimonial, such as that occurring within the family area. Patrimonial damage is a lesion to a legal interest. Jurisprudence has recognized the obligation to repair moral damages; however, it is more accurate to speak of compensation rather than repair. Compensable injury can be both current and future.

The Causal Relationship and Compensation

The Causal Relationship: According to Article 1902, it is required that accidental damage or human omission obliges the party to repair it. The obligation to compensate: This can be met in kind by the reparation or substitution of the thing, or by equivalent through the delivery of indemnification for the damage suffered.