Responsabilidad por daños sufridos en el marco del transporte benévolo.

Abstract

This paper analyzes the legal regulation in a matter of disinterested carriage or simple courtesy carriage, specifically which civil liability system should be applied against damages suffered in this context. After years of doctrinal and jurisprudential debates, the sanction of the Civil and Commercial Code sheds clarity on the discussion. A systematic interpretation of its rules leads to the objective attribution factors application, based on arts. 1757, sgts. and concordant, due to the fact that the automobile is a risky res and that the damages caused by it generate a presumption of responsibility on the part of its owner or guardian (registration holder or driver).