THEORETICAL SURVEYS ON PROFESSIONAL CIVIL LIABILITY

Abstract

The study supports the idea that a general examination of professional liability is justified, liability produced by a non-compliant behavior in the exercise of a profession, whatever it may be.The justification for approaching the genus - not the species - was sought in the common elements that can be identified in each of the professional activities - performed independently or not - as well as in the foundations of legal liability. Firstly, it was noticed that work and enterprise - their object and tools, their regime - can outline a legal space common to all professions, of their exercise. The legal regime of work explains the relativity of science, skill, which make up the content of the notion of profession. This content, in turn, will limit the expectations of the beneficiaries of labor, their rights as creditors. The concept of enterprise projects the fundamental obligations of the one who works as a professional: the investigation, information, advice and limited guarantee of the service committed and executed. Secondly, the foundations of legal liability are indicated, with special reference to the civil one. In essence, responsibility is meant to weigh the interests of people - professionals or not - in their free civil manifestations, by comparison, rationalization and balance. In such a framework, the deed of the professional - a potentially criminal act - will be defining in order to establish his civil liability. The other components - guilt and causation - will be only secondary. The general criterion for assessing the existence (non-existence) of a crime will be identified in the concept of care - the obligation to care - for others and for oneself. Caring for others requires provision or, as appropriate, caution in the activity. Self-care recommends the assertion of self-interest legitimized by an agreed social value. Theorizing is the result of a practical need: the sketching of a general standard of behavior for situations in which the professional operates in a normative environment dominated by uncertainties, behavior that then protects him from liability based on guilt.