Concepto y alcance de la responsabilidad objetiva
The concept of strict liability in Colombia is problematic, since different perspectives on it arise from attempts to differentiate it either from social security or from subjective liability, with different results in regard to its definition and effects. In this article, we firstly study those tw...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7252029 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 56, 2016 |
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| Summary: |
The concept of strict liability in Colombia is problematic, since different perspectives on it arise from attempts to differentiate it either from social security or from subjective liability, with different results in regard to its definition and effects. In
this article, we firstly study those two perspectives, to analyze afterwards the correlation that can be found between the
diligence obligations and the obligations of result dyad, and the tripartite graduation of the fault, in the Colombian legal system, so as to demonstrate that obligations of result are not defined by a strict liability. Subsequently, we go over the factors
of attribution of liability, examining which of them are subjective and which objective, to finally result in two affirmations:
first, strict liability is an assumption of a risk by one party, because either the law or a contract so establishes; second,
the acts of God can exempt a party from liability only when in a subjective liability system, if it is about strict liability, the
corresponding party is bound to assuming the cost of the damage, with the only exemption of wrongdoings of the victim |
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