From Adequate Causation to Proximate Causation in Colombia's Civil Liability
Traditionally, the assignment of a harmful result to its author has beendone from a purely material or factual judgment in which, dependingon the causal theory used by the court, the answer to the existence ofa causal link between the damage suffered and the action of the agentmay vary, as well as y...
| Autor Principal: | Rojas Quiñones, Sergio; Salazar, Pardo & Jaramillo Abogados, Bogotá, Colombia. Pontificia Universidad Javeriana |
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| Otros Autores: | Mojica Restrepo, Juan Diego; Gómez y Solarte Abogados, Pontificia Universidad Javeriana, Bogotá, Colombia. |
| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Pontificia Universidad Javeriana
2014
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/11949 |
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| Sumario: |
Traditionally, the assignment of a harmful result to its author has beendone from a purely material or factual judgment in which, dependingon the causal theory used by the court, the answer to the existence ofa causal link between the damage suffered and the action of the agentmay vary, as well as yield results that, in light of equity and justice, andeven common sense, come to be exaggerated or counterintuitive. Thispaper 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. |
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