INJURY – THE ESSENTIAL ELEMENT FOR TORT CIVIL LIABILITY
INJURY – THE ESSENTIAL ELEMENT FOR TORT CIVIL LIABILITY

Summary/Abstract: The many judicial actions that have as cause of action the institution of tort liability requires an in-depth treatment of the matter. The judiciary, therefore, frequently encounters such actions aimed at compensating for the damage in tort, which implies a thorough analysis of the conditions of liability’s operability. Starting from the damage, this analysis aims to reveal the secrets of liability, with a special look at the novelties in the matter, as well as those that require legislative corrections. The new Civil Code deals extensively with the matter of reparation, giving it numerous legal texts, welcoming in the hope of eventual legislative stability. It seems that the 2009 legislator understood the importance of the damage in the overall analysis of the matter of liability, by regulating in detail the characters necessary for it to be repaired,as well as certain methodologies for repairing it in concrete cases, such as repairinjury in case of death or loss of work capacity. For these and other reasons, reparation of the damage acquires new theoretical and practical valences, which implies a detailed deepening of matter. The construction of the entire edifice of tort criminal liability depends on the answer to a single question: Why repair the damage caused to another person designated by law?

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