Abstract

SANCHEZ HERNANDEZ, Luis Carlos. From the Idea of Fault in Lex Aquilia in Roman Law to the Principie of Fault-based Liability in Colombian Civil Law. Rev. Derecho Privado [online]. 2016, n.30, pp.287-335. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n30.10.

Currently the validity of the principle of fault in civil liability is being discussed, especially with regards to the emergence of liability for hazardous activities. This paper will make a critical analysis of the concept of fault, since its inception under the interpretation of lex Aquilia from Roman law to a modern understanding of the matter by Colombian civil jurisprudence. This paper takes this approach because an adequate solution to the current problems is only possible by understanding the tradition that precedes our institutions; not only in order to reconstruct its history, but also to find, within this tradition, any rifts that could be the cause of the current problems.

Keywords : lex Aquilia; damnum iniuria datum; iniuria; fault; civil liability; hazardous activities.

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