The preface highlights the systematic approach of the book, which is also characterized by a significant attention to the comparison, especially with respect to Italian law. The civil code of Peru was indeed very influenced in the matters of the law of obligations and contracts by the Italian civil code. Furthermore, the author focus his attention on the new elements of the ninth edition of the book. In particular, the part relating to the new regulation of liability for damage caused by incapacitated persons and minors is examined first. Emphasis is placed on the question of the liability of officials for non-pecuniary damage caused to public administration following corruption. A different outcome may result from choosing between contractual or non-contractual approach. Among other things, the first approach makes it possible to avoid the invention of anthropomorphic juridical situations, such as the right to identity, which do not seem so plausible for the public body. Finally, the preface critically analyzes the idea of the reductio ad unum of civil responsibility proposed by the author of the book, which causes the peculiar aspects of the relationship to be lost and eliminates them in a damage-centric perspective. On the opposite, contractual responsibility can enhance those aspects and provide to a proper solution.
|Translated title of the contribution||[Autom. eng. transl.] Prologue to the ninth edition|
|Title of host publication||Derecho de la responsabilidad civil|
|Number of pages||6|
|Publication status||Published - 2019|
- Responsabilidad civil
- capacidad jurídica
- daño no patrimonial