Abstract

SAN JULIAN PUIG, Verónica. Regulación por parte del derecho civil español de la responsabilidad extracontractual en el ámbito escolar: evolución legal y situación actual. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.107, pp.683-722. ISSN 2448-4873.

The aim of this article is to examine the legislative and judicial panorama before and after the reform of 1991 to the Spanish Civil Code, in relation to civil liability of teachers that cause damages to their pupils. Firstly, the author explains the main problems derived from the rules that existed before the reform of 1991, such as the existence of an exclusive and direct responsibility of teachers, the use of criminal actions instead of civil actions, and the difficulty of bringing a claim against the Public Administration in cases in which the responsibility of an institution of public education was involved. Secondly, she explains the text of the reform, as well as the advantages and disadvantages of the text. Finally, she identifies the effects of the reform and the perspective for the future.

Keywords : civil liability; damages and losses; private education; public education.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )