Abstract

TREJOS TEHERAN, Luis Daniel. Civil Responsability Without Causality. Opin. jurid. [online]. 2022, vol.21, n.44, pp.23-41.  Epub Mar 19, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n44a2.

This article aims towards studying the paradigm shift proposed by the Supreme Court of Justice in Sentence SC-13925 (2016) that discards the causal nexus as criterion of imputation of damages and proposes a substitution for the normative imputation. Thus, the Court includes the criterion aforementioned and uses it in the Sentences S-C002 (2018) as an imputation element. Likewise, the fundamentals for the restructuring of civil responsibility are constituted. The second one recognizes the position of the Supreme Court of Justices regarding the new element introduced to the sentences that are the object of study. Lastly, the article performs an explanation to the restructuring of civil responsibility. For achieving these objectives, the study found through document and jurisprudential analysis that there is a doctrinal contraposition in regards to causality as a criterion for imputation. Furthermore, the study concluded that, due to the flaws in causality, a restructuring of civil responsibility is imperative.

Keywords : damage; imputation; restructuring; causality; criterion.

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