Abstract

Tort law must be considered as a whole in order to harmonize the objectives of each of its subsystems, especially among those that are closely linked in the economic dynamics. In the search for regulatory coordination, some inconsistencies are highlighted that deserve to be approached from a legislative policy standpoint in order to avoid empty statements. The incentives for prevention of damages are inappropiate and the author provides possible solutions for this issue. Likewise, the virtuality of the autonomy of the will in the field of the duty to respond for damages is analyzed. This paper also emphasizes in the need for reparation to be timely and proposes a way to avoid procedural obstacles.

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