When we sign a contract, we acquire a commitment, that is, a responsibility to fulfill a duty. This type of responsibility refers to situations in which there is some kind of bond between the two parties, for example, an employer and an employee who sign an employment contract or two partners who have a partnership in common. Contractual Liability
Main concepts that are part of contractual liability under civil law
The idea of responsibility has to do with the legal consequences assumed in relation to an unlawful act committed by someone or when a debtor does not fulfill its obligation to a creditor.
There is fraud when a contract is not fulfilled knowingly, that is, when certain obligations of a contract are not fulfilled .
There is guilt when there is an unconscious act and unwillingness to comply with a responsibility assumed in a contract (for example, if a worker sleeps on his workday, this action makes him guilty, but not intentionally). Obviously, in the legal world there are different levels of guilt, depending on the negative consequences that occur. Contractual Liability
Custody responsibility (praestare custodiam in Roman law ) is a controversial concept, as it refers to events independent of the will (for example, theft in an establishment and the consequent liability of the attendant).
In some cases, contractual liability disappears as it is considered that there is a force majeure cause that justifies it (for example, an attendant facing an armed robbery does not have to assume any liability).
The factum debitoris or right of obligation is a criterion in which the fulfillment of a responsibility must be assessed strictly and not because of its possible consequences (for example, when I comply with an animal in good faith , but then the purchased animal dies).
Non-contractual civil liability
As a general rule, a person who through negligence or negligence causes harm to another is obliged to indemnify him. This type of responsibility is non-contractual because between the two people involved there is no type of contract or legal relationship that binds them. Contractual Liability
For an individual to be non-contractually liable there must be four circumstances:
2) willful misconduct or guilt;
3) causal link between the action performed and its consequences;
4) certainty of the damage caused.