LA COMPENSACIÓN DE CULPAS A LA LUZ DEL ARTÍCULO 2330 DEL CÓDIGO CIVIL. UNA REVISIÓN A PROPÓSITO DE LA SENTENCIA DE LA CORTE SUPREMA CAUSA ROL 39484-2017
The participation of the injured party in cases of tortious liability is fundamentally regulated in article 2330 of the Bello Code. This rule allows the reduction of the sentence if the tort, committed by the tortfeasor, has been joined by reckless participation of the injured party. In such interference, by act or omission, a desertion of its duty to discharge is supposed, the problem must be treated as a matter of fault in the measure that this implies the distribution of a part of the social risks linked to the activities of daily life. Currently, there is a large national doctrine that addresses the matter set forth. Consequently, adhering to it, we will analyse the decision of the court, contributing with critical and personal reasoning regarding this subject.