LA RESPONSABILIDAD CIVIL Y LAS RESIDENCIAS DE PERSONAS MAYORES: ESPECIAL REFERENCIA A LOS EFECTOS PERSONALES INTRODUCIDOS EN EL ESTABLECIMIENTO.

Abstract

One especially interesting topic is civil liability in the context of the world of care homes. That is because care homes are conducting more and more activities in order to provide the best possible service for their users; these activities include accommodations, nutrition, assistance for the mobility-impaired and often care-giving and health services. Therefore the realm in which care homes can do harm is becoming larger and larger. The objective of this article is, firstly, to determine what kind of contract there is in these cases, and what system of rights and duties corresponds to that contract, in view of the Spanish system's lack of any generic regulations on the home/user relationship. And secondly, in view of the fact that some legislation classifies the agreement to intern persons in a care home as a lodging contract, this article seeks to determine whether the especially aggravated liability of hotels for objects introduced in their establishment by their guests under the Spanish Civil Code is applicable to this type of relationship.