Abstract

Unlike what happens in extracontractual civil liability, in contractual liability there is no provision equivalent to that contained in articles 2320 and 2322 of the Civil Code that establishes a rule by which the debtor is responsible for the fact of auxiliary third parties that intervene. in the preparation and/or execution of the service. Despite not having a rule like this, it is possible to affirm the general purpose of article 1679 of the Civil Code, according to which the act or fault of the debtor includes the act or fault of the people for whom the debtor is responsible. Certain provisions of the Civil Code relating to the leasing of things make it possible to discover that these people correspond to the debtor's dependents and contractors. Suppliers do not have the status of auxiliaries to the debtor, because they are not third parties involved in the execution, but rather their activity constitutes a budget for the execution of the service or its preparation. The risk of supplier non-compliance belongs to the debtor. Depending on the way in which the auxiliary third parties intervene, the liability rule applicable to the debtor will be when the non-compliance arises from the acts of the first. The dependent auxiliaries or those who make up the debtor's organization are part of its sphere of control, so that the application of the fortuitous event does not apply. The debtor guarantees the actions of these third parties against the creditor. On the other hand, in the case of independent auxiliaries, the debtor is subject to vicarious liability whose limit is the fortuitous event. Unless auxiliary third parties are part of the sphere of control, the liability of the debtor for the act of the auxiliaries is limited to the fortuitous event.

Keywords

liability auxiliary third parties force majeure sphere of control fault