Beruflich Dokumente
Kultur Dokumente
Basis
Legal basis of
liability
Liability for
damages
Culpa Aquiliana
There can be a quasi-delict as
long as there is fault or
negligence resulting in damage
or injury to another. It is
broader in scope than crime.
Criminal intent is not necessary
for quasi delict to exist. Fault
or negligence without intent
will suffice.
Right violated is a private right.
Quasi delict is a wrongful act
against a private individual.
Every quasi delict gives rise to
liability for damages.
Quantum of proof
Preponderance of evidence
Sanction and
penalty
Reparation or indemnification
of the injury or damage.
Nature of
negligence
Defense of a good
father of a family
Presumption of
negligence
NO presumption of negligence.
The injured party must prove
the negligence of the
Criminal intent
Nature of right
violated
Culpa Criminal
There can be no crime unless
there is a law clearly punishing
the act.
Culpa Contractual