Guilt, Risk and Civil Liability in Spain

Abstract

The offenses typify those socially reprehensible behaviors that are tried to avoid with the threat of suffering a punishment or sanction, that is to say, with the penal legislation. On the other hand, civil infractions tend to be remedied (but not punished) by applying the principle of equivalence, for which the responsible assumes the duty to correct the damage caused. In this paper we focus on the main titles of attribution of civil liability in Spain (guilt and risk), its evolution and the possible application of the Principles of European Tort Law in light of the jurisprudential criteria and standards established by the Supreme Court, especially with respect to the burden of proof. After the correct confrontation between the fault and the risk alludes to the possible civil responsibility derived from damages caused by animals, by things thrown from a home, by the circulation of motorized vehicles, by the exercise of hunting, by air navigation and other damages caused by defective products.