Causalidad Versus. Imprevisibilidad: Un Examen Teórico Sobre El Nexo Causal En La Fuerza Mayor Como Exención De Responsabilidad Estatal

Abstract

Force majeure is a concept found in contractual liability law (article 64 of the Civil Code) and extra-contractual. It is an exceptional circumstance that disturbs the performance of a contract or that contributes, in whole or in part, to causing damage. In a broad sense, it designates any unforeseeable and insurmountable evento that prevents the debtor from fulfilling his obligation or gives rise to the occurrence of damage. In a strict sense, force majeure is opposed to a fortuitous event insofar as it is an evento that is not only unpredictable and insurmountable but also of external origin, unrelated to the person of the debtor or the autor of the damage.From the momento it meets the criteria of being unpredictable and irresistible, force majeure is exempt from State responsibility, however, given that there are cases in which, despite the fact that force majeure occurred, the responsibility of the State was declared considering that contributed to aggravate the problem or the unpredictable factor was blurred, it is worth reviewing the predominant factor in state responsibility when faced with force majeure in relation to the análisis of the administrative judge focused on causality.