THE NOTION AND BASIS OF CIVIL LIABILITY
THE NOTION AND BASIS OF CIVIL LIABILITY

Summary/Abstract: The common framework for the establishment of tort law civil liability for the own act is established by the provisions of art. 1357-1371 Civil Code. Integrated presentation of liability in the current Civil Code generates the need to distinguish between the two forms of liability, given that each of them presents its own specific features. Considered as a common right in the area of civil liability, the rules that constitute the legal basis of tort liability are to complement the matter of contractual liability whenever the latter is insufficient. It can be seen that a thorough knowledge of the constitution of tort liability lies not only in the extra contractual area, but also in the area of contractual relations. Also as a matter of novelty in the matter, the current legislator has distanced himself from the subjective conception governing the matter of tort or delict, being concerned about regulating objective, independent liability assumptions. Thus, we find in the current Civil Code a single hypothesis of civil liability that is based on fault (civil delict for own act), for the rest of the hypotheses of indifference being indifferent to the analysis of the operability conditions (for example: tort liability for things, for the ruin of the edifice, etc.). In this context, the culpability can no longer be the key to analyzing the conditions to be fulfilled in order to incur civil liability, the place being taken over by the damage, as a genuine sine qua non condition for the admission of the action.

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