The unity of civil fault

Civil liability can have a contractual origin, when damage is generated in the performance of a contractual obligation, or a non-contractual origin, when damage is generated in which a contractual
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The consequences of non-payment of the premium in the context of a life insurance policy in accordance with Article 95 of the Insurance Contract Law

We will analyze the Supreme Court ruling of March 2, 2020, which addresses “the consequences of non-payment of the premium in the context of a life insurance policy in accordance
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Another approach to the application of interest under article 20 of the Insurance Contract Act

This judgement partially accepts the appeal and modifies the ruling of the lower court by fixing the date of recovery at a different moment than that established by the lower
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The theory of disproportionate harm

In order to assess the existence of civil liability it is necessary that the person who alleges its existence proves the constituent elements of the same; however, among the exceptions
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2025 Insuralex comparative European report on skiing accidents

Skiing accidents often involve cross border situations, as such accidents are prone to happen either while being on holiday or having an accident with somebody who is on holiday or
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The relevance of providing the insured with all the documentation of the contract, particular and general conditions, when contracting insurance.

In this article we will analyse a recent judgement handed down by the Court of Granollers, in a claim filed by a hotel for loss of profit due to the
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Start of implementation of the DORA Regulation. Its role in ensuring the functioning of the financial system

On 17 January 2025, the implementation of the DORA Regulation, an EU legislative instrument designed to address the risks and vulnerabilities that the financial system may face as dependence on
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Some reflections on the coverage of claims caused by natural disasters: special reference to the DANA of October 2024

The High Level Atmospheric Depression (HLD) of October 2024 has become, in terms of personal and material damage, one of the most damaging natural disasters in recent years in our
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We will analyse the concurrence of fault in the harmful result and its consequences in civil liability matters.

The objective is to determine how contributory negligence can be applied to moderate or distribute civil liability between the parties involved in an accident, so as to achieve equitable compensation.
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The effectiveness of the damage as a basic requirement for assessing the existence of civil liability.

One of the requirements for the assessment of the State’s financial liability is the effectiveness of the damage; however, in civil law it has also been recognised that in order
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