Civil liability is understood as the obligation of a person to repair the damage caused to another, whether on account of their own actions and under their responsibility or that of dependents. This damage can be repaired through a financial compensation .
The character of civil liability is strictly preventive, so that, given this knowledge, the performance of certain negligent acts or behavior will have consequences on the property itself, just as the members of a society will refrain from causing damage to third parties.
This concept starts from a fundamental ethical basis for life in society. In order for the human being to live in perfect harmony with others, he needs the guarantee that no one should be the object of prejudice in an unfair and arbitrary way, but if not, this guarantee must reimburse him for it.
Differences between civil and criminal liability
Civil liability and criminal liability have very different objectives. In the case of civil liability, what is intended is to repair the damage that a person may have suffered due to an act committed; while criminal responsibility has a punitive purpose – it intends to punish or sanction the person who committed an act against the legal system – but also reserializing by trying to reintegrate into society someone who has violated the law, but at the same time has served his sentence.
Thus, it is usually carried out by paying a certain amount to compensate for the damage; while criminal responsibility, even if it has an economic penalty, is translated as a penalty of deprivation of liberty .
When the penalty imposed includes the payment of a fine, the value of criminal liability must be distinguished from the value established by civil liability
The first determines the seriousness of the fact and is normally approved by the state , while the second is calculated by the courts that they consider to be adequate to repair the damage caused by those who committed the offense to the injured parties. This amount must be paid for civil liability to those affected. Both obligations coexist and must be met by those who do not comply with the law.