Abstract

LARRANAGA, Luis. Gross negligence. Rev. Fac. Der. [online]. 2022, n.53, e209.  Epub June 01, 2022. ISSN 0797-8316.  https://doi.org/10.22187/rfd2022n53a11.

In our Civil and Commercial Codes prevails the standard diligence, that of a reasonable and prudent man. A negligent person (ordinary negligence) does not fulfill said standard behaviour. However, the Civil Code makes reference to the gross negligence and even applies it in some contracts, although it does not explain the difference with the ordinary negligence, it does not describe it, and does not state the legal consequences thereof. Various legal provisions have introduced the gross negligence in order to specifically qualify some persons liability though, at the same time, they have not stated the concept, the contents and the effects thereof. This has been a continuous job of doctrine and jurisprudence that place gross negligence in a different and special standard in relation to ordinary negligence, explaining it is a non-intentional, gross, unjustifiable, greatly deviated and extraordinary behaviour in relation to the usual behaviour we should all observe (ordinary negligence). When analysing gross negligence we have to distinguish it from the dolus eventualis and we need to introduce the concept of the foreseen result, as well as consider a modern approach, such as the relational negligence.

Keywords : ordinary negligence; gross negligence; foreseen negligence; dolus eventualis; liability; damage recovery; unjustifiable error; relation of behaviours.

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