Abstract
As is well known, 2006 tragically ended with a brutal attack carried out by the terrorist organisation ETA at the airport of Barajas, Madrid. The ongoing dialogue with the terrorists had started shortly after they had declared a “permanent” ceasefire in March of the same year. However, on 30 December the terrorists’ atrocity was once again apparent as they detonated a 200 kg ammonal bomb which blew up the whole car park of terminal 4 of this international airport.
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Literature
E. Algarra Prats, La responsabilidad civil por daños causados por la caída de árboles y otras cosas (Dykinson, 2006) From the vast collection of scholarly publications which came out in 2006 it seems that Spanish authors are partially rediscovering some of the few provisions on liability for tort laid down by the Civil Code. This is a good example. It deals with one of those articles which, departing from the principle of tort liability based on fault, lays down a strict liability rule, in particular, for damage caused by a falling tree (art. 1908 par. 3).89 Attention is also paid to the application of this rule to cases similar to the one expressly mentioned in it, as well as to the relationship of this provision with art. 1909 CC on liability of the architect90 and the constructor for damage caused because of a defective construction. Other works analyse liability for things that fall from a house (pursuant to art. 1910 CC),91 exploding machines and explosive substances igniting,92 and the collapse (ruina) of buildings (according to art. 1591 CC and other provisions related thereto).93
C. Díaz-Regañón García-Alcalá, Responsabilidad objetiva y nexo causal en el ámbito sanitario (Comares, 2006) A specialist in the field of liability for medical malpractice now delves into two separate issues: firstly, causation and objective imputation of damage under the strict liability regime applicable to damage caused by public authorities,94 and secondly, the application of strict liability to any kind of medical services pursuant to art. 28 of the Spanish Consumer Act. The author observes that this provision is usually watered down because of the fact that court decisions relying upon it have already established liability for fault. Apart from this, he argues in favour of applying art. 28 to services provided by public authorities, thus restricting the possibility of applying a development risk defence which is allowed under the general regime of liability of the Public Administration.
M. García-Ripoll Montijano, Ilicitud, culpa y estado de necesidad (Dykinson, 2006) This is a praiseworthy analysis of an issue which the Spanish Civil Code does not deal with directly and which has been traditionally neglected by Spanish tort law scholars, namely, state of necessity. The author argues that the legal regime laid down by the Criminal Code is not only exceptional but confusing and rejects that such a regime can be applied to private law cases by way of analogy. Instead, new criteria are explored which may fit into the principles of the Civil Code in a better way.
P. Gutiérrez Santiago, Responsabilidad civil por productos defectuosos. Cuestiones prácticas (Comares, 2nd ed. 2006) Two years after the first edition of this well-documented volume was released, the author confirms in a revised, updated and expanded edition that the Product Liability Act continues to be applied very little, in general, and is mostly unknown to Spanish courts.95 Among factors which may explain this, the general reversal of the burden of proof of fault under the general regime of art. 1902 CC,96 the restrictions laid down by the special regime itself and a certain distrust of legal professionals — and judges in particular — in relation to the nownot-so-new product liability regime are mentioned.97
L.A. Marco Alcalá, Seguros de personas. Aspectos generales (Thomson Aranzadi, 2006) As its title expresses, this is a study on the general aspects of personal insurance which, according to the Insurance Contract Act, refers to all kinds of risks affecting the existence, health or corporal integrity of the person. The author gives an account of the evolution of this sort of insurance and its current position in the insurance market. He also offers us a review of other modalities of personal insurance not specifically referred to by the Act.98
A. Orti Vallejo (ed.), Responsabilidad civil por danos causados por servicios defectuosos (Thomson Aranzadi, 2006) This volume, written by more than 20 authors, deals at length with liability for damage caused by so-called defective services, i.e. damage caused by medical services, assistance and social work, transport99, tourist services (travel agencies and the like), leisure activities (amusement parks, discotheques, camps, etc.), sports, and shows (specially those involving bulls or fireworks). Insurance is studied as well. A pervasive idea in the book is that the existing statutory regime deals insufficiently with these issues, whereas contradictions abound in the enormous number of court decisions on the subject.
A. Pigrau i Solé (ed.), Nuevas perspectivas de la responsabilidad por daños al medio ambiente, Ministerio de Medio Ambiente (2006) The seriousness of the problems related to environmental degradation on a global scale seems now so well known that the need for a decisive response cannot be ignored any longer. No doubt legal scholars may have an important role to play in this area.100 This volume collects together the papers presented at a seminar which took place in January 2006 at the University Rovira i Virgili, Tarragona, on the Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on Environmental Liability with regard to the Prevention and Remedying of Environmental Damage.101 Since not only scholars but also the officials in charge of writing the Spanish draft bill discussed their proposals here, this publication may provide some interesting insights into the statute which will transpose the Directive into Spanish law.102 Other works have been published on the Directive,103 on non-pecuniary loss with regard to environmental damage,104 on damage caused by the passivity of public authorities in connection with continuing noise,105 on the compensation regime applicable in the Prestige oil spill case,106 on private international law issues,107 and several other aspects.108
J.R. de Verda y Beamonte (ed.), Daños en el Derecho de familia (Thomson Aranzadi, 2006) Several scholars from the University of Valencia and two from Chile have gathered together the lectures of a course on some issues directly or indirectly related to tort and family law. In particular, they deal with liability for erroneous prenatal diagnosis, prenatal injuries, non-pecuniary loss derived from the parent not having acknowledged paternity, breach of betrothal, breach of marital duties,109 breach of visiting times,110 damage arising from nullity of marriage and economic consequences of the breach of de facto partnership.111
M. Valmaña Ochaíta, La responsabilidad civil derivada del folleto informativo en las ofertas pÚblicas de suscripción y venta de acciones, La Ley (Wolters Kluwer, 2006) This doctoral thesis tackles so-called prospectus liability under company law. Although it is mainly the Spanish legal regime which is examined,112 many foreign materials — especially the extensive German literature on Prospekthaftung — are thoroughly discussed. This leads the author to point out the shortcomings of the present regime, e.g. those on the issue of the plurality of tortfeasors113 and many others.
P. Domínguez Martinez, Conflicto de jurisdictión en materia de responsabilidad de las Administraciones PÚblicas por daños sufridos en accidentes de tráfico, Aranzadi Civil 14 (2006) 15–46 Just as we expected, the statutory reform which took place in 2003 on the jurisdiction of administrative courts in claims against the liability insurer of public bodies has triggered new problems.114 The present article tackles those arising from traffic accidents when the driver is a public official. The author argues that it would have been preferable to attribute jurisdiction not to administrative but to private law courts, not only because they have wider experience in dealing with these accidents,115 but also because it would have been more in accordance with the rule followed in several other European countries. After an acute analysis, it is concluded that it is possible to file a claim directly before the private law courts against the insurer of the public authority only.
M. Martín-Casals (ed.), Informe sobre la responsabilidad de las entidades de seguros de salud en las reclamaciones judiciales por errores o negligencias médicas, Cuadernos de Seaida, 4 (2006) 1–133 In 2004, the Professional Association of Spanish Insurers (UNESPA) entrusted Prof. Martin-Casals, Girona, to write a report on the liability of medical care insurers. UNESPA was probably worried about several court decisions holding these entities liable for damage caused by physicians even in the absence of a negligent behaviour of the insurer itself.116 The report analyses the relevant statutory regime and case law with surgical precision and highlights the risks of merely “cutting and pasting” in the key court decisions, which have not paid due attention to the factual settings of the cases. Other conclusions of the report have already been referred to.117
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Ruda, A. (2008). Spain. In: Koziol, H., Steininger, B.C. (eds) European Tort Law 2006. Tort and Insurance Law, vol 2006. Springer, Vienna. https://doi.org/10.1007/978-3-211-77572-1_27
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