The Jurisprudential Construction of Civil Liability Due to Dangerous Activity in the Bolivian Legal System

Abstract

This study is aimed at dogmatically identifying and clarifying the substantive requirements to attribute liability for dangerous activity in Bolivia pursuant to art. 998 of the Civil Code of 1975 -in force- and the jurisprudence issued by the civil chamber of the Supreme Court of Justice of the Plurinational State of Bolivia from 1998 to 2022. Among the main conclusions obtained is that the substantive requirements of said art. 998 are the action, unlawfulness, attribution factor, causal link and damage; and that in merit of its own characteristics, this norm comprises an aggravated regime of civil liability. In addition, art. 998 is applicable only in cases where the danger is qualified by a rule of accident prevention or the danger is inherent to the activity itself or related to the means used for its execution; in the latter case, art. 998 is qualified as a rule of variable content that empowers the judge of the specific case to complete the classification of the harmful event.