Guilt. New Civil Code. Commented
Guilt. New Civil Code. Commented

Summary/Abstract: In analyzing the guilt, we start to establish that only an attitude reproved by law, is/was classified as negative, it will lead to civil liability in its forms, tort and contract.It also aims liability occurs on the one hand to repair the damage caused as well as prevention following the act which caused the damage should not be committed in the future.In analyzing and debating art. 16 of the New Civil Code, consider the culpability of the offender's conduct as a prerequisite, since we can not discuss the presence and applicability of liability where there is guilt.For civil liability of those who caused the injury to be engaged, is not enough to be an illegal act which is in causal connection with the damage that has been produced, it is necessary that this act can be attributed to its author, moreover, and the author must have had a fault when he committed it, acting with guilt.It is therefore appropriate analysis of guilt in civil law, according to the New Civil Code, to determine issues of novelty and distinction needed his role in the matter of prevention, civil liability, establishing damages, the burden of proof etc.

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