MOURA, A. M.; http://lattes.cnpq.br/0359812541752583; MOURA, Arielly Matias.
Abstract:
The civil liability is closely linked to the duty or ability to respond by themselves or
other acts. Is an Institute that has evolved enough to accompany the changes
experienced by the society, looking for preserve more protection to the person and
your country. In this situation arises the subjective responsibility, based on the fault,
and the objective responsibility, according to the civil code. The civil compilation of
2002, is focused on objectivity to the people obligations that is responsible for the
done act of the other person and the advent of the financial liability of the incapable.
The legislator establishes that the youngest son has the duty to compensate the
victim according to the damage caused, taking questions about this responsibility , if
the subsidiary or solidary obligation of the parents, that is up to them respond to the
wrong acts practiced by the son, and this obligation is essential in a family, when their
function is to guard and surveillance. To better understand about responsibility,
makes a review about the elements of the conduct, faults, damages, like a base of
the responsibility. The elements of the responsibility are analyzed according to the
foundation and the fact that makes the duty to recompense. It can be objective or
subjective, contractual or non-contractual. Despite the apparent ambiguity of
interpretation of the provisions of Civil Code, the child should respond subsidiary, the
obligation assigned to the parents. The objective to be achieved is to understand the
subsidiary profile of the patrimonial responsibility of the child, according de civil code
of 2002, analyzing the evolutionary process of the civil responsibility and listing the
rights and duties of the parents with their childrens, strengthening the family power.
The research will adopt the deductive method as a template approach, making use of
explanatory research through literature.
