Definition of Contractual Liability

When we sign a contract, we acquire a commitment, that is, a responsibility obligatory compliance. This type of responsibility refers to those situations in which there is some type of link between two parties, for example an employer and an employee who sign a contract labor or two partners who have a partnership in common.

Key concepts that are part of contractual liability in the framework of civil law

The idea of ​​responsibility has to do with the legal consequences that are assumed in relation to an unlawful act committed by someone or when a debtor breaches his obligation in front of a creditor.

There is fraud when a contract is knowingly breached, that is, knowing that certain obligations contained in a contract are breached.

Guilt exists when an act occurs unconsciously and unwillingly to breach a responsibility assumed in a contract (for example, if a employee he falls asleep during his workday, his action is guilty but not malicious). Obviously, in the sphere of

right Different levels of guilt are contemplated depending on the negative consequences that occur.

The responsibility for custody (praestare custodiam in the roman law) is a controversial concept, as it refers to events independent of the will (for example, theft in a establishment and the consequent responsibility of the dependent).

In some cases, the contractual liability disappears, as it is considered that there is a cause of force greater than warrants (for example, a dependent facing armed robbery does not have to bear any responsibility).

The factum debitoris or fact of the debtor, a criterion according to which the fulfillment of a responsibility must be evaluated strictly and not according to the possible consequences (for example, if I comply in good faith with the sale of an animal, but subsequently the animal acquired by the buyer passes away).

Extra-contractual civil liability

As a general criterion, that person who by fraud or fault causes damage to another, is obliged to compensate him. This type of liability is non-contractual because between the two people involved there is no type of contract or legal relationship that binds them.

For an individual to be tortured, there must be four circumstances

1) action,

2) fraud or guilt,

3) the causal link between the action taken and its consequences and

4) the certainty of the damage caused.

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