Introduction

Within the regime of Civil Liability provided by the Civil Code,

the civil liability for the damages caused by inanimate things is found, the
which is governed by article 1384 paragraph 1 of the Dominican Civil Code.
Civil Liability arises from causes of certain enforceable requirements, which to
it in turn produces effects that underpin it.

When a contract is made, a first obligation arises for each party.

of the parties, which is to fulfill the promised performance. When it is not fulfilled
if the due performance is poorly fulfilled, a new obligational link is created, that is
the obligation for the debtor responsible for the breach, to repair the damage that
it occurs.

The criminal or quasi-criminal liability arises from a crime or

of a quasi-civil offense. When the author of damage caused with intent is
obliged to repair it, it is said that he has compromised his criminal responsibility
(Article 1382 of the Civil Code).

When the author has acted without the intention of causing harm, it is said that they have

committed his quasidelictual responsibility (Art. 1383 of the Civil Code).

Delictual or quasi-delictual liability constitutes liability

civil law, and therefore all civil liability that is not
contractual, delictual or quasi-delictual (Subero, 2000).
 The Regimes of Civil Liability

The main objective of civil liability is to seek compensation,

which consists of restoring the balance that existed between the author's assets of
damage and the victim's assets before suffering the harm. The responsibility
civil has a preventive aspect, which leads citizens to act with
caution to avoid compromising their responsibility; and a punitive aspect, of
private penalty.

Civil liability seeks to ensure compensation for victims.

private damages that have been caused to him, trying to put things in the
state in which they were before the damage and restore the balance that has
. For these reasons, the sanction of civil liability is, in
principle, compensatory, and not punitive.

Civil liability consists of the obligation that falls on a

a person to repair the damage they have caused to another, whether in nature or by
a monetary equivalent, (usually through the payment of compensation
of damages).

He who acts unlawfully or against good customs causes harm to

another, is obliged to repair it. Civil liability can be contractual or
extracontractual

When the violated legal norm is an obligation established in a

particular declaration of will (contract, unilateral offer, etc.), we talk,
then, of contractual liability.

When the violated legal norm is a law (in the broad sense), we talk about
of extracontractual liability, which can in turn be tortious or criminal
(if the damage caused was due to an action classified as a crime), or quasi-
delictual or non-intentional (if the damage originated from an unintentional fault).
 Criminal responsibility is, in Law, the subjection of a person who
it violates a duty of conduct imposed by criminal law to the duty to face
the consequences imposed by the law. Such consequences are imposed on the
a person when found guilty of having committed a crime or having been
accomplice of this. Criminal responsibility is imposed by the State and consists of a
penalty that seeks to punish the offender and attempt their reintegration to prevent that
reoffend.

Contractual Civil Liability

It arises from the total or partial breach of a contract and is governed by the article.
1146 and following of the Civil Code. When a party fails to comply with its obligations.

obligations incur liability for breach of contract, also when they are fulfilled poorly,
called defective performance, all this unless there is cause of
exoneration. The causes of exoneration are generally force majeure,
force majeure and the act of a third party. An example is the seller who does not deliver.

some time after receiving the price and a reason for exemption would be the fact
from a third party.

The requirements for contractual civil liability are:

1) The existence of a contract,

2) That the contract is valid,
3) That the contract is between the responsible party and the victim.

This means: the existence of a valid contract between the responsible party.
and the victim; that the victim has suffered direct harm due to the non-execution of
contract and that such non-compliance arises from a fault.

Regarding the third requirement of contractual civil liability:

There must be a causal relationship between the damage and the fault.
contractual.
 b) It is necessary to determine what type of obligation has been breached, whether it was a

means or result.
c) The breach or failure is assessed in concrete, based on the specific case.
specifically, the general theory on the offense that it is cannot be applied
In abstract terms, the same fault cannot even be applied to two contracts.
even if they are of the same nature (Metro Tours is not the same as
a flying one).
d) The breach may be regarding ancillary obligations. For
for example, in a sales contract there was an ancillary clause of
canceling a mortgage and it wasn't done. The complicated part is at the time of

determine whether the obligation was one of means or results. The jurisprudence
has inserted tacit ancillary clauses to benefit the victim in
adhesion contracts. In passenger transport contracts,
for example, it should not only transport the passenger, but bring them safely and

However, it is a results obligation.

e) The breach must occur within the term of the contract. If a
the contractor makes the other believe that the contract was in force, but it is not
certainly, the responsibility will be criminal.

During the post-contractual period, every fault generates liability.

tortious.

In principle, only the contracting parties can invoke liability.

contractual (art. 1165 C. Civil). There is an exception in 1121, to stipulate to
benefit of another. For example, Pedro has a life insurance policy with Pedrito as
beneficiary. If upon Pedro's death, the insurer refuses to pay, Pedrito can
to sue for the 1146. This exception is often used by the heirs.
they are considered successors of the person of the deceased.

Alongside the general contractual civil liability established by the

Articles 1146 and following of the Civil Code establish a liability
special obligation that weighs on the tenant towards the landlord and enshrined in Art.
1733 of the same code, responsibility that is a consequence of the contract of
inquilinate.

Article 1733 of that code states that the tenant is responsible for
in case of fire, unless proven that the fire was caused intentionally
fortuitous, force majeure, or due to construction defect, or that the fire was transmitted by
a neighboring house.

Article 1734. If there are many tenants, they are all jointly responsible.
from the fire, unless it is proven that the fire started in the room of
one of them, because then this one will be the only responsible. Or also when
some try to prove that he couldn't have started in his house; for then these do not
they are responsible.

Types of contractual damages

There are two types of contractual damages: compensatory and default.

1) Compensatory: They arise from the non-fulfillment of obligations in general.

The damages must be caused to the creditor.
contractual attributable to the debtor. These damages always have an evolution.
pecuniary. They only exist in the obligations to do, not do, or deliver a
something other than money.

2) Moratoriums: They arise from article 1153. In contractual liability,

it allows for limitation and exemption, unless public order is affected. The order
Executive 312 of 1919 established the legal interest rate of 1%, but the Monetary Code
and Financial repealed it. The Supreme Court says it can no longer be condemned for the

legal interest, but lower courts continue to do so.

Delictual and quasi-delictual responsibility

It refers to occurrences not governed by terms.

contractual. The idea of contract is absent in this order of
responsibility. It is fundamentally enshrined in Articles 1382, 1383 and
1384 of the Civil Code constitutes the common law of our responsibility
civil

Article 1382 of that code establishes a common general provision and

applicable to all levels of responsibility and at the same time of order
public. The provisions of this article are mandatory for both the
principals as for third parties because they are of public order.

The drafters of the Civil Code addressed tort liability in the

Arts. 1382 to 1386, these articles regulate:

1) liability for personal act (Arts. 1382 and 1383)

2) the responsibility for the actions of another (Art. 1384, paragraphs: 2, 3, and 4);

3) The responsibility for the act of inanimate things;

4) liability for the acts of animals (Art.1385) and
5) The responsibility for the ruins of the buildings.

Responsibility for the personal act.

It is said that a person compromises their civil responsibility by their actions.

persona: when she herself, in a personal way, has been the cause of the damage
what it causes to the victim. Within the different spheres of responsibility
In tort law, it can be asserted that liability for personal acts constitutes
the responsibility of common law.
Criminal responsibility

When he has acted with the intention of causing harm, in which case the
The applicable article is 1382 of the Civil Code, which states that any act of
a man who causes harm to another, binds the one whose fault it was to
repair it.

Quasi-delictual liability

When the damage has been caused without the intention of causing it, in this case
the applicable legal provision is Article 1383 of that code, which states that
everyone is responsible for the harm they have caused, not only for a
made yours, but also due to his negligence or recklessness.

The sphere of tort liability is dominated

fundamentally because of the idea of lack, since to date there is no text
legal criteria jurisprudence that establishes a presumption of guilt or of
responsibility against the personal author of a criminal obligation. From this it follows
that the absence of proven fault against the author of the damage prevents the existence of
civil liability for one's own act; in recognizing damages and losses,
every sentence must establish the unlawful act of the perpetrator, under penalty of
being married.

The absence implies an action against the right of another; a right that
it may arise for that other either from a contract, either from the law, either from the
principles of justice. For this reason, a person does not compromise their
civil liability when the damage is caused by the normal exercise of a
right, so that the exercise of a right causing damage compromises the
the civil liability of its author it is necessary to prove that its holder exercised it with
blameworthy lightness, or with the intention to harm, or for a purpose contrary to the
spirit of the law exercised; or when it constitutes an act of malice or bad faith
or of an error equivalent to deceit; or when the holder of the exercised right has
abused that right.

The notion of abuse of right requires, for its effectiveness as an argument

legal, among other conditions and as a fundamental characteristic element, the
action carried out by the defendant that is notably abnormal,
but not that of normal actions within a real legal status, or of a
contractual relationship.

The abuse committed in the exercise of a right degenerates into a

lack that compromises the civil liability of its author, this criterion is
dominant in our jurisprudence.

Differences between Delictual and Quasi-delictual Liability:

The prescription of the action in tort liability (Art. 1382 of the

The Civil Code) is one year, according to Article 2272 of the same code.

The prescription of the action in quasi-delictual liability (Art. 1383 of

The Civil Code) is six months, according to Art. 2271 of the same code, unless
such action arises from an infringement of the penal law, in which case the
Prescription is governed by the deadlines of public action.

According to Dr. Ramón Tapia Espinal: "In order for civil liability
envisioned in articles 1382 and 1383 this at stake has been traditionally
the evidence provided by the victim is indispensable, not only of the offense and the damage, but

also of the causal relationship between these constituent elements of the

civil liability.

Difference between contractual civil liability and tort liability:

The contractual: Arises from the total or partial breach of a contract and is
governed by Article 1146 and following of the Civil Code. When one party does not comply with its
obligations incur liability for breach of contract, even when performed poorly
(called defective performance), all of this unless there is cause for
exoneration. The causes of exoneration are generally force majeure, the
force majeure and the act of a third party. An example is the seller who does not deliver
A while after receiving the price, a reason for exemption would be the fact
from a third party.

The delictual: Also called extracontractual, arises from the crime of

quasidelict or breach of a quasi-contract (the quasi-contract is a fact
(legal). Its legal basis or cause are articles 1382-1386 and it
considered of public order.

Fundamental Differences

Regarding the source of obligations, responsibility

contractual arises from the violation of a contract and the criminal from the violation of a
pre-existing legal norm.

Contractual arises from voluntary acts, delictual generally from

involuntary acts.

The principles of contractual civil liability are of a character

The particular is almost always referred to the contract and those of the tort are principles.

general principles that apply to most cases of civil liability.

Both have different constitutive elements.

Regarding the type of obligation, in the contractual one, the end must be sought.
parts when entering into the contract. In the tortious, the aim pursued must be sought.
legislator when issuing the pre-existing legal norm.
 Conclusion

Contractual liability arises from the breach of a contract and

it consists of having to compensate for the damages resulting from the infringement.

This responsibility implies a pre-existing link between the author of the damage.
and the victim of the same. While the criminal and quasi-criminal responsibility
it comes from the commission of an illegal act, whether negligent or intentional. None
a prior relationship links the author of the harm and the one who suffers it, being the unlawful act and

harmful the one that generates the obligation.

Responsibility looks to the past, not the future, that is to say, the means of
compensation refers to the defect that has already occurred and cannot be converted into a

judicial policy mechanism. Nevertheless, the citizen has the right not to
to bear in its assets the structural defects of justice, which is
probably the most important function that the State must fulfill in relation to the
individuals.
 Bibliography

Acosta, Juan Pablo (2010). Civil Code of the Dominican Republic. Tenth
Fifth Edition. Moca, Dominican Republic: Editora DALIS.

Mazeud, Henry, León and Jean (1974). Lessons in Civil Law: The
Civil Liability, The Quasi-contracts. Part 2 Volume II. Good
Buenos Aires, Argentina: Legal Editions Europe-America.

Capitant, Henri (1977). Legal Vocabulary. Buenos Aires, Argentina: Ediciones

Depalma.

Subero Issa, J.A. (2000). Practical Treatise on Dominican Civil Liability.

4th. Moca, R. D.: Dalis Publishing.