sábado, 17 de octubre de 2015

Civil liability in the spanish Civil Code


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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