LA RESPONSABILIDAD DE LOS TUTORES POR LOS DAÑOS COMETIDOS POR SUS TUTELADOS.

Abstract

Legislators ought to revise the civil liability of guardians for acts committed by their wards causing damage to third parties, in view of the changes that are occurring in the way incapacitated persons are being treated. More and more often, it is recommended to encourage self-government and autonomy for incapacitated persons, yet the sphere of a guardian's liability remains the same. In addition, the regulations are incomplete as is and fail to envisage concepts whose use is currently on the rise, such as the de facto guard of a person who has been declared legally incapacitated or has a lessened natural capacity.