El análisis económico del derecho y la responsabilidad objetiva en daños por actividades peligrosas : una defensa del actual régimen jurisprudencial de responsabilidad objetiva en actividades peligrosas a partir del fin socioeconómico de reducir los accidentes

Abstract

This work starts by giving an exposition of what Economic Analysis of Law (EAL) is, and its concepts and application to the Law of torts, especially in the liability for the so-called “dangerous activities”. It is shown that EAL defends a system of strict liability for those cases (and the reasons for it), with the main goal of reducing accidents and the costs that they imply for society. On the other hand, the main critiques to EAL and its application in the topic developed are exposed, defending at the same time why they don´t affect the conclusion that it would still be convenient to apply in that type of cases its recommendation of making strict the system of liability.

After this, the jurisprudential development thas has led to the current strict liability system for dangerous activities in Colombia is shown, and it is made evident the necessity or importance that the Supreme Court of Justice and the Congress take into account the postulates of EAL in order to consolidate once and for all a rule of strict liability for the cases of dangerous activities.