Civil obligation arising from contracts and quasi contracts with criminal implications in the field of crimes against total assets

Authors

  • MARÍA ROSARIO MARTÍN BRICEÑO

Keywords:

Contracts, quasi contracts, management, property, possession, goods, civil and penal responsibility, misappropriation, unfair administration and patrimonial damage

Abstract

Consequences arising from non-compliance with obligations derived from assignment contract of use and enjoyment, management contracts of people`s interest or certain transfer contracts of rights may be transferred to the Penal Code, if the conduct of the person who breaches them is criminal. From this premise we analyze the offences of misappropriation and unfair administration as patrimonial crimes that they are, in order to distinguish the civil liability from the criminal liability coming from those contracts, and also sometimes from quasi contracts; emphasizing that the legal good that is protected through the imputation of the crime of misappropriation is the property, while the interest protected by the unfair administration is the proper management of other people`s goods.

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Published

2021-08-31

How to Cite

Civil obligation arising from contracts and quasi contracts with criminal implications in the field of crimes against total assets. (2021). Critical Review of Real Estate Law, 786, 2107 a 2159. https://rcdi.tirant.com/rcdi/article/view/722