The course shall progress in accordance with the contents described in the index of the programme from an
eminently practical perspective.
By means of the preparation of different hypothetical cases, the following, among others, will be analyzed.
(i) the rules that regulate tort law and which determine where liability arises.
(ii) liability for criminal, civil and administrative damages.
(iii) contractual and extracontractual liability.
(iv) different types of extracontractual liability for own acts or those of others.
(v) the obligation to repair the damage as well as the different forms of remedying the same, quantification of the
damages and the compensation to be claimed.
(vi) analyze the requirements necessary to exercise a civil liability action, identifying the competent jurisidction as
well as the legitimation, the burden of proof, the limitation period of the action and the waiver.
Index of the programme:
1. TORT LAW AND LIABILITY. 1.1 The functions of Tort Law. 1.2 Illegal acts as a source of the obligations, the
blame and the risk. 1.3 The evolution towards objetive liability. 1.4 Contractual and extracontractual liability.
2. CRIMINAL, CIVIL AND ADMINISTRATIVE LIABILITY. 2.1 The scope of application of civil and criminal law. 2.2
The civil liability arising from a crime and that arising from a civil wrong. 2.3 Specific considerations within the
scope of Administrative liability.
3. CIVIL LIABILITY. ELEMENTS COMMON TO ALL CASES. 3.1 The damages. 3.2 The causal link. 3.3 The
4. EXTRACONTRACTUAL CIVIL LIABILITY FOR OWN ACTS. 4.1 Distinctions between the premises of liability.
(i) of an objective nature and (ii) of a subjective nature: culpability and alleged culpability. 4.2 The conduct of the
liable party, unlawfullness and the proposals of culpability.
5. EXTRACONTRACTUAL CIVIL LIABLITY FOR ACTS OF OTHERS. 5.1 Substantiated liabilty for own acts. 5.2
6. REPAIRING THE DAMAGE. 6.1 The obligation to repair the damage. 6.2 The forms of remedying the same.
6.3 Quantification of the damages. 6.4 The compensation claimed.
7. CIVIL LIABILITY ACTION. 7.1 Competent jurisdiction. 7.2 Locus standi. 7.3 The burden of proof. 7.4 The
limitation period of the action. 7.5 The waiver.
8. STATE LIABILITY. 8.1 Contractual liability. 8.2 Extracontractual liability. 8.3 The financial liability of the Public
Administration. Normal performance, abnormal performance. 8.4 State liability for breach of EU law.