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Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objective regime for hazardous activities

Author

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  • Luis Felipe GIRALDO GOMEZ

    (Full-time professor at the Faculty of Law and Social Sciences, Universidad Icesi, Colombia. Doctor in Legal Sciences, Pontificia Universidad Católica Argentina, Santa María de los Buenos Aires, Argentina. Master in Private Law, Person and Society, with emphasis in Contractual, Extracontractual, Civil and State Liability, Universidad Externado de Colombia, Bogotá, Colombia. Specialist in Civil Procedural Law, Universidad Externado de Colombia, Bogotá, Colombia. Lawyer, Universidad de Caldas, Manizales, Colombia)

Abstract

Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.

Suggested Citation

  • Luis Felipe GIRALDO GOMEZ, 2023. "Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objec," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 13(1), pages 120-144, March.
    • Handle: RePEc:asr:journl:v:13:y:2023:i:1:p:120-144
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    Keywords

    civil liability; factors for attribution; guilt; risk; dangerous activities.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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