EXAMEN JURISPRUDENCIAL DE LA RESPONSABILIDAD DERIVADA DE ILÍCITOS DAÑOSOS CAUSADOS POR PERSONAS CON TRASTORNOS MENTALES.

Abstract

When a harmful illegal act is committed by a person whose mental faculties are impaired and who is under some sort of guardianship (legal or de facto), there may be two different moments in time or acts: first, the injurious act itself, committed by a person not in full possession of his or her mental faculties; second, the behaviour of the guardian, who has failed to take the appropriate action to prevent the harm from being done. This paper looks at how case law addresses these double charges.