RESPONSABILIDAD CIVIL DE PADRES O TUTORES Y DE CENTROS DOCENTES: ALGUNOS SUPUESTOS FRONTERIZOS Y POLÉMICOS.

Abstract

Studying the different events where civil liability can be demanded of someone is generally an arduous task charged with controversial and/or arguable situations. This paper focuses on the handling of a number of controversial cases having to do with the possible civil liability of parents or guardians and school authorities for damages done by minors in their charge. In some cases the liability of parents or guardians through fault in educando or fault in vigilando can be concurrent with the liability of school authorities, and a reasonable solution must be offered for these controversial cases (which, on the other hand, are not frequent). The paper begins with a generic overview of the fundamental ideas that configure parents or guardians' liability for the damaging acts of their children or wards and school authorities' liability for acts by their students (type of liability, reasons of liability, possible action of recourse, etc.). Next the paper reviews the most important rulings of the Supreme Court and the provincial appellate courts pertaining to this specific object, to see what our case law and minor case law have had to say in such situations. Lastly, the article concludes by stressing the ideas of greatest interest about the borderline case at issue, with the intention of calibrating court pronouncements and their greater or lesser juridical correctness or appropriateness. Last of all, the paper endeavours to evaluate how, in certain situations, it seems possible for there to be concurrent liability attaching to parents or guardians and schools, and to analyse those scenarios.