La responsabilidad civil del empresario por daños y perjuicios derivados de accidente de trabajo

Abstract

*Introduction: The present doctoral thesis under the name �The employer public liability for damages and compensations derived from industrial accident�, it has attracted the attention in the doctrine and precedents from the first and fourth Supreme Courtroom due to the anonymous judgment unavailability when it comes to the question. Judicial body responsible for the judgment, the estimation of damages and the discount amount come from Social Security, it gave rise to the so-called � peregrine jurisdiction�. * Methodology: It must be point out five sections, the fisrst one, it judges the industrial accident making a historical view and analyzing the comprehension through precedents concept; the second one, relating to the responsibility subjective scope, try to get who are the infractor subjects (the employer, the worker and foreign arbitrator to the working relationship); the third one, distinguish the different responsibilities and the necessary requirements to give rise to the responsibility, as well as the exception causes; the fourth one, we have analyzed the reparation of damages sources and the principle of unfair enrichment, as well as the traffic scale and the problems that this could cause for practical purposes; in the fifth, we have studied the development after the civil jurisprudence, working, and the emanating from the Supreme courtroom, until the LRJS entry of the force. Along all of this work it has been inserted the rules of Euopean laws of public liability, consequence of the named European Group Tort Law, as well as a lot of jurisprudence and doctrine.. * Conclusions: From the study done we have concluded, en shorts, that the public liability is extremely complicated in our legal system, that the distinction between the worker or extra worker responsibility has lost sharpness in the responsibility, it turn out practically irrelevant the demand basis in the civil code articles 1902-1903 (neminen laedere) or at the same legal code, that the damage evaluation system at the moment turn out unexpected for the work accident, so it was conceived for a objective responsibility that the LRJS has proved to be enough finished for the issue in question. We have concluded with a number of proposals in order to improve the system.