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InDret Vicarious Liability and Liability for the Actions of Others II Pablo Salvador Coderch Professor of Law Universitat Pompeu Fabra, Barcelona (Spain) [email protected] Carlos Ignacio Gómez Ligüerre Assistant Professor of Law Universitat Internacional de Catalunya, Barcelona (Spain) [email protected] July 2002
InDret 03/2002 Pablo Salvador and Carlos Gómez 2 Summary 1. Vicarious liability or liability for the actions of others as a mean of overcoming the principle of individual liability 2. Civil and Criminal Rules governing Civil liability for the actions of others 2.1. Reasons for the existence of two sets of rules that are almost identical, one in section 1903 of the Civil Code and the other in section 120 of the Criminal Code 2.2. Liability due to personal dependency: parents and tutors 2.3. Liability stemming from professional dependency: employers and school owners and teachers a) Relationship of Dependency b) Performance of their liabilities and services c) Reimbursement in favor of the principal 3. From Dependency to Control 4. Bibliography
InDret 03/2002 Pablo Salvador and Carlos Gómez 3 Abstract The two traditional branches that regulate civil liability in Spain are the Spanish Civil Code of 1889 (sections 1902, 1903 and 1904) and the Spanish Criminal Code of 1995 (section 120), they determine the harm caused by actions or omissions that are neither crimes nor misdemeanors and those deemed to be, respectively. This work analyzes vicarious liability or liability for the actions of others as one of the legal mechanisms anticipated to overcome civil liability once it has been determined that the principle of individual liability –due to negligence or strict liability– is impractical given the limited solvency of the majority of individuals responsible for a damage. In order to deal with the intrinsic limitation that is found in individual civil liability, the law applies a variety of mechanisms: to limit liability or increase the number of persons liable for the injury caused. The latter is made easier by the fact that there are usually multiple reasons for an accident, which in turn makes it plausible to place, using legislation, the liability for the consequences on a number of people . Vicarious liability is only one means of finding a solution to the problems which arise in individual liability. There are others, such as joint and several liability or vicarious liability, in instances of crimes or misdemeanors that exist alongside the former. However, the practical application is very similar in all cases: increase the number of people who are potentially liable until a solvent organization is found, or the member of employers and unions that are subject to compulsory insurance.
InDret 03/2002 Pablo Salvador and Carlos Gómez 4 1. Vicarious liability or liability for the actions of others as a mean of overcoming the principle of individual liability According to the most general principle of the Spanish law of torts, civil liability is derived from an individual’s acts or omissions. This is laid down in section 1902 of the Civil Code,

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