El principio general de responsabilidad por culpa del derecho privado colombiano

Abstract

The existence of a general principle of civil responsibility by fault seems to be an incontrovertible dogma in the Colombian law; nonetheless, the evolution that has taken place on the norms of perjuries-indemnities has led to a proliferation of responsibility regimes that exclude the fault as a complying condition in the contractual as well as the extra-contractual issues. Thus, the theory that stems from this supposedly 'general principle' does not seem to correspond to the current reality of the Colombian normative. In this order of ideas, the author aims at making a controversy with the existence of a true general principle of civil responsibility by fault and expounding the contradictions committed by the national doctrine and jurisprudence over this issue.