Abstract

GAMA, Guilherme Calmon N. da  and  LEITE, Conceição de Maria F.. THE OBLIGATION OF NOT CAUSING DAMAGE FROM THE PERSPECTIVE OF THE INTEGRAL REPARATION OF THE VICTIM. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.479-490.  Epub June 28, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.27.

This article was prepared through a bibliographic review on a thought-provoking subject: the duty not to cause harm to other (alterum non laedere). It presents the correlativity between legal duty and the subjective right of the victim, demonstrating that a violation of this duth will generate liability. It emphasizes that the harm has as a presupposition the repatation for the victim in its integrality. It also seeks to understand the meaning of unjust harm from the point of view of extra-contractual liability so as not to impose on the victim the burdon of bearing all alone the consequences of harm perpetrated by a third party even if it results from lawful conduct.

Keywords : Legal duty; Responsibility; Damage.

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