La Responsabilidad del empresario por los hechos de sus dependientes: una propuesta en favor de la responsabilidad objetiva
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This paper reviews the models that operationalize the civil liability of employers for the acts of their employees, critically addresses them, and takes sides with one of them.
The proposal in this paper is that employer liability be objective, for which the reasons that justify this are presented, as well as the objections that a model like the one proposed may face.
Attributing objective liability to the employer improves the operability of the system and corrects deviations present in presumed negligence, such as asymmetries in access to justice, evidentiary capacity, distribution and allocation of risks and losses, etc.
Those who share the thesis of the objective liability of employers for the acts of others or their employees will find an ally in the author