Abstract

ROJAS-QUINONES, Sergio  and  MOJICA-RESTREPO, Juan Diego. FROM ADEQUATE CAUSATION TO PROXIMATE CAUSATION IN COLOMBIA'S CIVIL LIABILITY. Vniversitas [online]. 2014, n.129, pp.189-238. ISSN 0041-9060.  https://doi.org/10.11144/Javeriana.VJ129.caio.

Traditionally, the assignment of a harmful result to its author has been done from a purely material or factual judgment in which, depending on the causal theory used by the court, the answer to the existence of a causal link between the damage suffered and the action of the agent may vary, as well as yield results that, in light of equity and justice, and even common sense, come to be exaggerated or counterintuitive. This paper addresses this problem, once described the different solutions that have been given throughout history and its drawbacks, it presents what is considered the most appropriate theory to determine causality in each case, to overcome the defects that were blamed on those that preceded them and its acceptance in the comparative field. It reveals how, from the differentiation between imputation and proximate causation, results are more consistent with the concept of justice underlying civic liability. However, criticisms towards this theory were not unknown; therefore alternatives considered to be more suitable to answer these remarks are presented.

Keywords : Civil liability; causation; adequate cause; proximate Causation.

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