Civil liability

What does civil liability mean?

The obligation to repair damages caused to a person is called civil liability .

The damages caused may result from a breach of contract, from an extra-contractual liability, also called Aquilian liability, or they can derive from criminal liability.

In terms of contractual liability, the obligation to indemnify results from a breach of obligations arising from a pre-established relationship, that is, from a contract concluded between the different parties.

In accordance with the Lex Aquilia, the existence of a harmful event, the occurrence of damage, the fault of the author of the damage and the causal link between the event and damage are necessary in order to be able to make a claim for damages.



Contractual and non-contractual liability

Any person who is criminally liable for a criminal offense is also civilly liable if damages and prejudices result from this fact.

When is there joint and several liability?

Insurance companies that have contractually assumed the risk of pecuniary liabilities derived from the possession, use or exploitation of any asset, company, industry or activity, when the event that determines the insured risk occurs, they are jointly and severally liable with the criminally liable up to the limit of the legally established or conventionally agreed compensation, without prejudice to the right of repetition against the person concerned.

Liability is generally individual, but if it is proven that there are several people who have caused the damage, or it is not possible to determine the degree of participation of each of them, the liability is joint and several.

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We help you to make claims for damages and interest in the context of pre-litigation negotiations or in the context of civil or criminal court proceedings.

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