Jurisprudence on improper solidarity in non-contractual civil liability
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Abstract
The evolution of jurisprudential doctrine on “improper solidarity” is analyzed.
The Supreme Court has established a specific treatment of the prescription with respect to each of the responsible parties, which has resulted in a legal regime differentiated from that established in the Civil Code for solidarity obligations, which extends even to areas of legal responsibility such as assumptions provided in the Building Planning Law.
The conclusion is that this legal regime is casuistic, so the Supreme Court must define in each case the rules applicable to joint liability both with respect to third parties and among those responsible.
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