LA RESPONSABILIDAD EXTRACONTRACTUAL: FUNDAMENTO Y FUNCIÓN DEL DERECHO DE DAÑOS.

Abstract

Non-contractual liability gives rise to a series of obligations whose object is to provide redress for damage done to another person by a culpable act or omission that constitutes neither an offence nor breach of contract. Traditionally, non-contractual liability is based on a subjective criterion determined by the existence of negligence on the part of the doer of the damage; this criterion is the one described in article 1.902 of the Civil Code. Subsequently, however, the foundation is determined by an objective circumstance: the existence of damage. It is understood to be a requirement of fairness for the doer to be liable for all damage he does, even if he has acted with the necessary precision. The authors look at the foundation and function of the right to damages, the criteria of case law on this subject and some considerations concerning the concept of objective liability.