Torts in the exercise of parenthood: a comparative study between Italy and Colombia

La responsabilidad civil en el ejercicio de la parentalidad: un estudio comparado entre Italia y Colombia

La responsabilidad civil en el ejercicio de la parentalidad: un estudio comparado entre Italia y Colombia

Torts in the exercise of parenthood: a comparative study between Italy and Colombia

La responsabilidad civil en el ejercicio de la parentalidad: un estudio comparado entre Italia y Colombia

Departing from the verification that the Colombian legal system does not recognize the possibility to indemnify intra-family damages, it is necessary to reflect upon the pertinence of torts law in family law as a mechanism to remedy such damages considering the inefficacy and insufficiency of the traditional responses. Based on this logic, the legal comparison emerges as the most apt research methodology to proposed solutions enriched by the different perspectives and experiences from identifying similarities and differences among the compared legal systems. Due to the fact that it is necessary to achieve a balance between family interests and the need to protect the victim, this research questions the exclusively compensatory function of torts and analyses the possibility that in this ambit, it may have a dissuasive function. This book presents the remedies specific to criminal and civil law and highlights the importance and pertinence of harmonizing them in order to guarantee the highest and best satisfaction to the victims, without sacrificing the unity and harmony of families. The analysis is centred on damages caused by virtue of the exercise of parental duties, and related with actions directed to determine filiation; in particular, the hypotheses of violence or abuse, non-compliance with parental duties, non-recognition of the extramarital child and the challenge by defect of veracity in the cases of conscious false recognition. Finally, the book, as the result of comparative analysis, proposes the application of new principles with regards to parental duties for the compared legal systems; for instance, liability for the fact of conception, good faith and self-responsibility as criteria to guide and valuate the behaviour of parents in such a way that it can be possible to determine when the exercise of parental duties may lead to the causation of damages subject to reparations.

  • Torts in the exercise of parenthood: a comparative study between Italy and Colombia
  • Natalia Margarita Rueda Vallejo
  • Available worldwide
  • Spanish
  • Printed
    • 978-958-790-377-5
  • No