EIRP Proceedings, Vol 10 (2015)

Abstract

In this study we propose a rigorous analysis of article 1372 of the Civil Code, concerning the nature of vicarious tort liability, focusing on the limited situations of implementing those provisions of civil law. Also, we will relate to previous regulation, subjecting the analysis accuracy with which the current legislator has accurately regulated only two of the three phases of the vicarious liability for the act of other person, being current until October 2011. The review will only regard the first of the two forms, and namely, the liability for the prejudice caused by the act of a minor or a person under judicial interdiction. From the analysis and interpretation of the three paragraphs of article 1372 we will identify the restrictive nature in applying this form of liability, in the strict interpretation of the described situations.