Civil Liability can be defined as the obligation of a person who has caused damage to another (either actively or passively) to repair or compensate that damage, either in nature or by monetary compensation.
Although in general the person who responds is the author of the damage, it is possible that another person may be held responsible, which is why it is called “responsibility for the acts of others”.
What types of Civil Liability exist?
• Contractual: this is when there is an infraction due to non-compliance with a previously established rule in a private declaration of will (a contract). For example, a lease under which the tenant has broken a window in the apartment, which he will have to pay.
• Non-contractual: this is when there is a breach of a duty of conduct that is not included in any contract and results in damage to another person. It is, for example, when a child breaks a window in the neighborhood and her parents must take care of the repair.
What is the difference between Civil Liability and Criminal Liability?
The difference between them is that the person responsible for the damage should not respond to a single individual in particular, but he must do so before society. On the other hand, in Criminal Responsibility, the damages have a social character, since they are infractions against public order, of a serious nature to be disapproved, in addition, criminal sanctions have a punishing function and only seek prevention, either through of intimidation, deterrence or rehabilitation of the offender. While Civil Liability tries to ensure the victims of the repair of the damages that have been caused and tries to leave everything in the state it was in before the damage and establish the balance that has disappeared between the members of the group. .
What are the elements of Civil Liability?
• Personal items. It is about the person who causes the damage and the one who suffers it. The first is the one that is civilly responsible for the repair, restitution or compensation against the second.
• Injury. This can be contractual breach or damage. In the contractual one, a penalty can be established when the injury is compensated and in the non-contractual one, the judge will assess the injury.
• Causal relationship. For this it is necessary that there is a causal relationship between the action or omission of the person causing the damage and the injury itself. Thus, no one has to answer for incidental damages (unless their duty is to avoid them) or those that are unforeseeable or unavoidable.
What are the consequences of Civil Liability?
If the concurrence of Civil Liability is established, the responsible person must return the injured property or repair the damage caused. When restitution or repair is impossible, compensation will proceed.
In our legal system, two principles are established that are applicable:
The universal patrimonial responsibility: means that all the patrimony of the civilly responsible person is subject to the fulfillment of an obligation. This means that, if at this time the person responsible does not have the resources to pay his fault, he will continue to be bound by this payment until he is satisfied, even if it is in the future.
The principle of full restitution means that the civilly liable party must leave things in the state they were in before his intervention. That is why restitution and reparation are preferred to compensation. And that's why compensation includes:
• Personal, property and moral damages.
• Consequential damages and lost profits.
It should be noted that almost always when a person causes damage to another or their property, civil liability will occur, so at Audacia Lawyers, whether you want to demand it or defend yourself against a lawsuit, we recommend you have a civil lawyer, do not hesitate to contact us. Call us to examine your case through an online legal consultation or in person at our office located in Torrevieja.