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Responsabilidad civil sin causalidad.

Authors :
Trejos Teherán, Luis Daniel
Source :
Opinión Jurídica. Jan-Jun2022, Vol. 21 Issue 44, p23-41. 19p.
Publication Year :
2022

Abstract

This article aims towards studying the paradigm shift proposed by the Supreme Court of Justice in Sentence SC-13925 (2016) that discards the causal nexus as criterion of imputation of damages and proposes a substitution for the normative imputation. Thus, the Court includes the criterion aforementioned and uses it in the Sentences S-C002 (2018) as an imputation element. Likewise, the fundamentals for the restructuring of civil responsibility are constituted. The second one recognizes the position of the Supreme Court of Justices regarding the new element introduced to the sentences that are the object of study. Lastly, the article performs an explanation to the restructuring of civil responsibility. For achieving these objectives, the study found through document and jurisprudential analysis that there is a doctrinal contraposition in regards to causality as a criterion for imputation. Furthermore, the study concluded that, due to the flaws in causality, a restructuring of civil responsibility is imperative. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
16922530
Volume :
21
Issue :
44
Database :
Academic Search Index
Journal :
Opinión Jurídica
Publication Type :
Academic Journal
Accession number :
156697770
Full Text :
https://doi.org/10.22395/ojum.v21n44a2