Demands of extracontractual damages

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Demands of action in claim of extracontractual damages

Tort liability is one that arises from a legal relationship between two people who are not previously united by any contractual link, as a result of acts or omissions not punishable by law; attributable to one of them by way of fault or negligence, which cause damage to the personal or property rights of the other, and which translate into the duty to compensate them.

Article 1089 of the Civil Code establishes “obligations arise from the law, contracts, quasi contracts and illegal acts and omissions or involving any kind of fault or negligence”, there are two types of obligations born of fault or negligence. Negligence: those born of crime or misdemeanor that will be governed by the provisions of the Penal Code, and those that derive from acts or omissions that do not constitute a criminal offense, but that constitute an illicit in which fault or negligence intervenes, and that may influence in the field of contracts and that will generate contractual liability, or outside the field of contract and that generate extra-contractual liability, already known from Roman law as Aquilian fault.

This kind of fault generates a responsibility not because any of the obligations of the contract is breached but because a duty of care is omitted that is incumbent on everyone.

Abogados Velázquez, advises you and files claims before the courts of first instance for this type of responsibility, as well as your defense with the maximum professionalism and experience at your disposal.

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