El fenómeno de la concurrencia causal en colisión de actividades peligrosas (accidentes de tránsito) por culpa de la víctima : análisis jurisprudencial

Abstract

To determine causation, the doctrine and the Court have opted for various theories. However, in the face of the concurrence of causes in the development of dangerous activities (traffic accidents, in particular) due to the fact or fault of the victim, the jurisprudential treatment has been scarce. This research identifies the most relevant judgments handed down between 2019 and 2022 by the Supreme Court of Justice, in which the Civil Chamber faced such assumptions, with the purpose of identifying the solutions and criteria used. Also, this monograph takes a position on the most recent jurisprudential position and proposes the application of criteria to facilitate the determination of the causal link.