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- Title
EL DEBER DE MITIGAR EL DAÑO EN LA ESFERA EXTRACONTRACTUAL: PROBLEMÁTICA, ALCANCE Y SUS ÚLTIMAS INCIDENCIAS NORMATIVAS.
- Authors
MORENO MARTÍNEZ, JUAN ANTONIO
- Abstract
The duty to mitigate damage finds its justification within the conduct which may be claimed to an injured person because of a breach of contract or a tort. This duty has a widespread acceptance in different legal systems of our environment, although using distinct legislative options. Even if the concept and content of the duty to mitigate damage in the extracontractual sphere do not differ much from those of a contractual relation, it is possible to extract certain singularities. Consequently, this paper analyzes the special problems of the duty to mitigate damage in civil wrongs. For that purpose, the legal basis of this duty is analyzed, as well as measures which could integrate the content of the duty of mitigation, considering their different objectives. In this regard and in relation to a bodily harm, special attention is paid to the measures of healing which the injured person is expected to take, in order to avoid an extension or propagation of its own damage. The interest of this analysis increases because of the recent Act 35/2015, 22th September, enacted within the framework of tortious liability derived from the use of motor vehicles, which recognizes the duty to mitigate damage in their sec. 1. 2, third paragraph.
- Subjects
CIVIL law; CIVIL liability; LEGISLATIVE bills; MOTOR vehicles; TORTS
- Publication
Revista de Derecho Privado (00347922), 2018, Issue 1, p89
- ISSN
0034-7922
- Publication type
Article