In the daily workings of the courts, there are many discussions about civil liability. Therefore, it is very important to understand the details of this subject in order to act accurately in this area.
With the aim of helping, this article will remind you of the points you cannot forget when dealing with civil liability cases.
What is civil liability?
In short, the concept of civil liability is closely related to the concept of not harming others.
Initially, responsibility can be defined as taking steps to compel someone to repair the damage caused to others by their actions or omissions.
According to Silvio Venosa :
“In principle, any activity that causes harm generates liability or a duty to compensate (…) The term liability is used in any situation in which any person, natural or legal, must bear the consequences of a harmful act, fact or transaction.”
Now, let's move on to the specifics of this institute.
What is the difference between obligation and responsibility?
According to Cavalieri Filho , while the first, the obligation, is always an original duty ; the second, the responsibility, is a subsequent duty , resulting from the violation of the first institution.
Therefore, the concepts are related, but they diverge in terms of original or subsequent duties.
What are the types of civil liability?
In summary, civil liability is classified by legal scholars both according to fault ( strict and subjective liability ) and according to its nature ( contractual and extra-contractual liability ).
Therefore, we will examine each of them below.
Civil liability: subjective vs. objective
The difference is that in subjective civil liability , the victim needs to prove the agent's fault , whereas in objective civil liability, there is no need to prove fault.
Initially, in society, subjective civil liability emerged, a classic concept in which the victim could only obtain compensation if they proved the fault of the perpetrator.
And up to a certain point in history, subjective civil liability was sufficient to resolve societal conflicts.
However, the emergence of machines and other technological inventions promoted industrial development and population growth. The impact of this was the creation of a new situation that could no longer be sustained by purely traditional, classical blame.
Similarly, Rui Stoco states:
"The need for greater protection of the victim gave rise to the concept of presumed guilt, in order to reverse the burden of proof and solve the great difficulty faced by those who have suffered harm in demonstrating the guilt of the person responsible for the action or omission."
The next step was to disregard fault as an indispensable element in cases expressly provided for by law, giving rise to strict liability, whereby it is not questioned whether the act is culpable.
See, therefore, how this lack of need to prove guilt occurs in the legislation:
"There will be an obligation to repair the damage, regardless of fault, in the cases specified by law, or when the activity normally carried out by the author of the damage implies, by its nature, a risk to the rights of others" (article 927, sole paragraph, of the Civil Code ).
Furthermore, the Consumer Protection Code also establishes the objective liability of the supplier and the manufacturer, according to articles 12 and 14:
"Article 12. The manufacturer, producer, builder, whether national or foreign, and the importer are liable, regardless of fault, for repairing damages caused to consumers by defects arising from the design, manufacture, construction, assembly, formulas, handling, presentation, or packaging of their products, as well as for insufficient or inadequate information about their use and risks."
"Article 14. The service provider is liable, regardless of fault, for repairing damages caused to consumers by defects related to the provision of services, as well as for insufficient or inadequate information about their use and risks."
What is the difference between contractual and extra-contractual civil liability?
Civil liability can be divided into contractual or extra-contractual liability according to the nature of the legal duty violated.
Firstly, in contractual civil liability , the damage is defined as a consequence of what is stated in a contract or unilateral legal transaction. Regarding liability for unilateral acts, Cesar Fiuza masterfully states that:
"Responsibility for unilateral acts of will, such as a promise of reward, is also contractual, by analogy, since unilateral acts only generate effects and, therefore, responsibility, after they become bilateral. If an individual promises to pay a reward to whoever returns the lost documents, they will only be effectively responsible if and when someone finds and returns the documents, that is, after the promise has become bilateral."
However, extra-contractual liability , also known as Aquilian liability, is based on legal obligations derived from the law or the legal system.
In short, the violated legal duty is not stipulated in the contract, and there is no prior legal relationship between the victim and the wrongdoer.
An example of this is the obligation to repair damages caused by an accident between vehicles. There was no prior contract, you see?
In this way, both contractual and extra-contractual liability have the same legal consequences: the obligation to repair the damage.
Therefore, the difference between them lies in the nature of these responsibilities.
What are the exclusions of civil liability?
In summary, the exclusions of civil liability are:
- o causal link (link between the agent's conduct and the result);
- a The victim is solely responsible;
- the act of a third party;
- the unforeseen event (human act beyond the control of the party) e;
- a force majeure (a fact or occurrence that is difficult or unpredictable to foresee and that generates unavoidable effects).
In the contractual field, if a non-indemnification clause exists , it can also be an exclusion of civil liability.
Primarily, as presented, knowing the details of civil liability is very important, as it gives you the confidence to act effectively, respecting the law and building authority in your name.
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