Efficiency of the implementation of a imputacion criteria based risk events product damage the attendance of dangerous activity

Abstract

In Colombia there is a dispute against the doctrinal and jurisprudential criterion or factor allocation in the event of occurrence of damages resulting from the exercise of dangerous and hazardous activities concurrent, being that one party takes the blame, and other risk. The economic analysis of law as a model of argument to justify from economic criteria directly related to the efficiency of rules, an interpretation based on the risk allocation criterion. The Coase theorem, on the allocation of rights and the theory of predictability related calabressi serve as underpinnings to justify time interpretation criterion assumes the risk of attributing factor or events that cause product damage concurrent performing other hazardous activities. It’s more efficient to impose the obligation of prevention of risk who exercises dangerous activity, or dangerous activity events concurrent, who can prevent it at a lower cost, in order to internalize costs, to establish a rule to distribute the reciprocally damage. This interpretation also marks the rhythm with philosophical principles that are enshrined in the 1991, policy letter, as long as, it favors individual freedom, understood as the realization of minimum guarantees for all citizens, which may only be given priority to the extent that one be settled between economic argument and the individual, in favor of the latter.