LA RESPONSABILIDAD DE LOS CENTROS DE ENSEÑANZA, SEAN ÉSTOS PÚBLICOS O PRIVADOS, SE EXTIENDE MÁS ALLÁ DE LA SEDE DEL PROPIO CENTRO.

Abstract

By law the owners of schools are liable for any damage done or caused by their under-age students, whether in school activities, after-school activities or complementary activities. The civil liability of public schools is totally objective in administrative legislation, while that of private schools is still subjective, with a strong tendency towards the objective. Regardless of the type of liability concerned, we wonder whether the trend in doctrine, case law and legislation, which holds that a minor gradually acquires a certain capacity to take decisions about certain things, including property-related things, is consistent with the Civil Code, which regards a 10-year-old child as standing on the same plane as a 16- to 18-year-old teen in terms of liability.