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This article deals with the idea of free will, from the constitutive philosophical bases, in the field of tort law. When exploring in the idea of free will the basis of the regime are found and freedom underlies in the idea of free will. From its foundations in Aristotle and then referring to the historical tradition, it is explained how the idea of free will was established in modern dogmatics, based on Kantian (and, in short, neo-naturalist) ideas. As a consequence of this conception, the differences in liability regimes are explored, explaining them from their bases and the impact that such conception has had on the idea of the functions of the regime.