Civil Law

Civil Law

At Rodríguez Escudero Abogados, we have built a highly skilled team of civil lawyers, specializing in civil liability across the entire country. Our goal is to find the most appropriate solution for each individual case.

Civil liability refers to the obligation of an individual or legal entity to repair damage caused to another, either by restoring the affected party to their previous state or by providing a monetary equivalent, usually through compensation for the harm suffered. In essence, civil liability arises when someone, through action or omission, causes moral, physical, or financial damage to another and is required to make reparations.

While the person responsible for the damage is typically the one held liable, it is possible for someone else to be accountable. For example, an insurance company or the owner of a vehicle may be held liable for damages caused by the driver.

Civil liability can be either contractual (under Article 1101 of the Civil Code) or non-contractual (under Article 1902 of the Civil Code), depending on the nature of the breach.

Article 1101 of the Civil Code states: “Those who in the fulfillment of their obligations commit fraud, negligence, or delay, and those who in any way contravene the terms of those obligations, are liable for damages caused.”

Article 1902 of the Civil Code adds: “Anyone who causes harm to another through fault or negligence, whether by action or omission, is obliged to repair the damage caused.”

Compensation claims related to traffic accidents and those filed against insurance companies are largely based on these legal principles, particularly the non-contractual liability outlined in Article 1902 of the Civil Code.