Damages and Civil Liability

Start here

What happened? choose your next step

Related

Use this hub to establish when careless, abusive or unjust conduct creates civil liability and what a claimant can actually recover. Liability under the Civil Code stands on its own and does not depend on a criminal conviction.

6 guides

Start here — what can you recover?

6 guides

Negligence, accidents and injuries

1 guide

Who may be responsible?

3 guides

Neighbors, animals and abuse of rights

Authority

Legal framework

Key topics
  • negligence and quasi-delict
  • contractual liability versus quasi-delict
  • liability of parents, employers, owners and possessors
  • abuse of rights under Articles 19 to 21
  • quasi-contracts, including solutio indebiti and negotiorum gestio
  • actual and compensatory damages
  • lost earning capacity
  • moral, exemplary, nominal and temperate damages
  • legal interest
  • attorney's fees
  • the proof required for each kind of award
Statutory basis
Civil Code, Preliminary Title (Arts. 19 to 36) and Book IV (Arts. 2142 to 2235).
In the Code
the Preliminary Title for the Human Relations articles, and Book IV for quasi-delict and the classes of damages.