The distribution of responsabilities in cases of plurality of actors in tortious liability

Abstract

This paper analyzes the damage caused by two or more people in the tortious liability. In particular, the reasons are given for article 2317 Civil Code to have a more extensive application than the one currently given to it, because it is a manifestation of the comprehensive model of responsibility for the total. Having stated the above, the figure of the so-called in solidum or concurrent obligations is studied, investigating causality as its structure and foundation. With this, it is maintained that this figure is a synonym for solidarity, since both belong to the same model and allow responsibility for the total against a plurality of obligors. Concluding that the obligation in solidum or concurrent is an additional hypothesis, in addition to the unity of the fact, of article 2317 of our civil law.