The civil liability for harmful lawful acts in Private Law: brief reflections from a comparative law perspective of a main South American and European legal systems

Abstract

The study of Civil Liability from a polyfunctional perspective involves a revision of the emergence requirements of an obligation to compensate. As one of those requirements, the illegality or unlawfulness has to be analyzed in a critical way; because if civil liability is no longer conceived as a sanctioning reaction against the harmful act,then there is no fundament in recognizing the unlawfulness as a determining element of compensatory tutelage. It follows from the above that it would be fully viable to build an independent and operative category of lawful harmful acts. The present work is intended to identify the need, fundament and structure of the lawful harmful acts from a comparative perspective that takes into account the main South American and European codifications.

Keywords

• actos lícitos dañosos
• antijuridicidad
• responsabilidad civil
• ilicitud
• administración pública
• responsabilidad aquiliana
• daño lícito.