CIVIL LIABILITY

Our Firm provides its clients with advice on civil liability, understood not only as a liability arising from the violation of a private law obligation, in the sphere of relations between individuals but also, and above all, as liability arising from an unlawful act (Civil Code art. 2043-2059), for those conduct that gives rise to compensation for the damage caused by another subject.

From the point of view of those who carry out the offence, civil liability requires first of all a subiective element, the intent or the fault, unless it falls into the hypotheses of c.d. objective liability.

As regards the violation of the obligation established by a precept, a distinction is made between contractual and non-contractual liability, depending on whether the infringement concerns a previous legal obligation (whatever the source from which it derives) or the generic precept of neminem laedere (art. 2043 c.c.).

 

Examples include the following:

  • – medical and health responsibility;
  • – responsibility for transfusions of infected blood and blood products;
  • – professional liability and liability of contractors;
  • – liability of the employer for an accident at work;
  • – responsibility of the employer for bullying;
  • – liability for road and water accidents;
  • – manufacturer’s liability for defective products;
  • – Compensation for unfair competition;
  • – responsibility of sports clubs and sports centres;
  • – school responsibility for school and recreational activities;
  • – liability of the State for the unreasonable duration of the proceedings.

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