Any
natural or legal person is capable of producing damage to a third party,
whether by action, omission or negligence. The damage can carry criminal
consequences when the action, omission or negligence is criminalized and civil
consequences when they understand that there is still a crime, it must repair
or replace the previous situation to the damage.
The civil liability represents the basis of Articles
1902, 1903 and following the spanish Civil Code:
- The art. 1902 of the Civil Code states: "Whoever by act or omission causes damage to another, intervening fault or negligence is obliged to repair the damage caused."
- The art. 1903 adds: "The obligation imposed by the previous article is required not only for the acts or omissions themselves, also by those people who should respond“.
Parents
are responsible for damage caused by their children who are under their care.
Tutors are responsable from the damage caused by minors or incapacitated that
are under their authority and live with them. Also the owners or managers of a
business establishment and respect of the damage caused by their servants in
the service of the classes that have employees.
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