Evolution and nowadays of civil liability

Abstract

The Civil and Commercial Code has significant changes in the field of liability for damages. The systematization of the rights has been achieved: those that fall on the person, on the patrimony, the individual rights and those of collective incidence. Individual responsibility is distinguished from group and Anonymous. The functions of responsibility are expanded in order to prevent harmful consequences; the prevention of the damage has a special treatment in the new ordering. The legal system unifies reparation in the contractual and extractontractual area, however, it can be observed that differences are maintained because of the nature of each area. We assist in the express inclusion of the objective factors of attribution of responsibility; However, in the absence of regulations, the application factor is "guilt". The theory of causality is consolidated and the predictability in contractual matters is included. The main rule in illegality is that harmful action or omission is Unlegal, unless it is proved to be justified. There is compensable damage when an injury to a right or an interest s is caused that is not contrary to the legal order.