{"title":"民事责任归因因素的历史背景,从1804年拿破仑民法典开始,到1873年哥伦比亚民法典对其的接受。危险活动客观制度的特殊情况","authors":"Luis Felipe GIRALDO GOMEZ","doi":"10.24818/tbj/2023/13/1.08","DOIUrl":null,"url":null,"abstract":"Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.","PeriodicalId":41903,"journal":{"name":"Juridical Tribune-Tribuna Juridica","volume":null,"pages":null},"PeriodicalIF":0.9000,"publicationDate":"2023-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objective regime for hazardous activities\",\"authors\":\"Luis Felipe GIRALDO GOMEZ\",\"doi\":\"10.24818/tbj/2023/13/1.08\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.\",\"PeriodicalId\":41903,\"journal\":{\"name\":\"Juridical Tribune-Tribuna Juridica\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2023-04-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Tribune-Tribuna Juridica\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24818/tbj/2023/13/1.08\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Tribune-Tribuna Juridica","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24818/tbj/2023/13/1.08","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Historical background of the factors of attribution of civil liability, starting with Napoleon's Civil Code of 1804 and its reception in the Colombian Civil Code of 1873. The special case of the objective regime for hazardous activities
Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col.