La responsabilidad civil y el derecho de las familias¿ Es viable la aplicación de la norma general de la responsabilidad extracontractual frente a los daños derivados de las relaciones familiares?
Civil liability and family law. Is it feasible to apply the general rule of tort liability to damages arising from family relationships?

Summary/Abstract: Historically, family law and civil liability law have run parallel to each other. Due to this, for a long time no attention was paid to what happened with the damages that occurred in Family Law, it was considered – and for some sectors of the doctrine it is still considered – that the damage, moral or patrimonial, caused in the family relationships should remain without reparation, since, among others, the main objective was to maintain the stability or family unity. This article, in view of what is happening in the Peruvian legal system, encourages the recognition of those damages derived from family relationships. The family relationship is not a cause of justification of the harmful acts nor does it prevent the consideration of the damage as unjust, if there is no cause of justification of those established by law. Within the family, certain conducts, by action or omission of its members, can cause damage, which must be fully compensable, as long as the other elements of civil liability are present.

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