Infidelity and civil responsibility

July 27 , 2018 // Specialty

Published in La República

Responsibility as the cornerstone of the law is, according to Professor Tamayo Jaramillo, "the legal consequence by virtue of which who has behaved illicitly must compensate the damages produced to third parties".

Then, such a compensatory obligation can erect from the breach of a contract, the non-observance of legal duties, civil offense, and even breach of the normal standards of prudence, diligence and care.

Note that civil liability as a source of law according to Professor Tamayo, finds its legal roots in the illegal acts, legally relevant situations that, among others, may arise from those impairments that occur in the field of family law.

From there, a controversial case was filed in Spain, when a man, after learning that "his" daughter was not his, filed suit against his wife and her lover, claiming the declaration of responsibility and consequent compensation for material damages and immaterial.

Then, the victim filed suit before the Court of First Instance requesting a large compensation for damages after learning after several years that "his" daughter was not his; However, since the defendants' misconduct was not proven, the first-order judge dismissed the claims in the application.

Thus, the plaintiff appealed the judgment of first instance before the Provincial Court after considering that on the part of the body an improper assessment was made regarding the biological evidence, in addition, considering that the negligent act of the plaintiffs was ignored, especially , when the malicious act of them could be presumed.

In effect, he reiterated his plea for compensation for the consequential damage caused by the payment of food that he had incurred during the upbringing of the child, and the moral damage caused by the loss of affection and emotional emptiness.

Having examined the above, the adchem confirmed the decision of the first instance, determining among others: i) that no reliable evidence was provided regarding the defendants' willful conduct; ii) that in relation to the maintenance claim, the Chamber could not assess it since it was a right that the minor had to attend because he was born in wedlock and because the bond was covered by the presumption of filiation, and, iii) that the rupture of the treatment with the minor was a personal decision of the appellant since his mother, in no moment prevented that they continued maintaining affective relations.

Well, as noted in the previous examination, the responsibility as a source of the right has not been left with the traditional study of the right damages; on the contrary, new tendencies of civil responsibility have been perceived that have served to strengthen the academic debate and, in order to reiterate, that responsibility is the cornerstone of the Law.

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Infidelidad y responsabilidad civil
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