The responsibility of minors can be a delicate issue. Parents are civilly responsible for the acts of their children. At A&O Abogados, your law firm in Marbella, we can explain this to you.
Civil responsibility is a fundamental concept in the legal field that seeks to protect the rights of individuals affected by harmful actions. However, when it comes to the civil responsibility of a minor who causes harm to another person, questions arise about who should assume the responsibility and how the process is carried out. In this blog, we will explore what happens with civil responsibility when a minor causes harm to another person and how this situation is legally addressed.
The civil responsibility of minors is derived to the parents, as stated in article 1903 C.c. (https://www.boe.es/buscar/act.php?id=BOE-A-1889-4763).
Considering the minor responsible for their actions varies depending on the legislation and the age of the minor.
The minimum age of criminal responsibility varies by country, with it being fourteen years in Spain. Before this age, minors lack sufficient discernment capacity to fully understand the consequences of their actions. The responsibility of minors is a complicated issue that can have significant consequences.
When a minor commits an offense and is legally responsible, they can be subject to claims of civil responsibility. However, the compensation and legal actions against the minor may be limited or conditioned by their age and economic capacity.
Parents or legal guardians have direct responsibility when it comes to the actions of their minor children.
This principle is based on the idea that parents should exercise proper supervision and control over their children to prevent harm to others. If a minor causes harm to another person, parents can be held responsible due to their duty of care and supervision.
When a minor causes harm to another person and a question of civil responsibility arises, it is common for the judicial system to intervene. In these cases, a legal process will be carried out to determine the responsibility and establish the necessary legal actions.
The judicial system will evaluate the specific circumstances of the case, the age of the minor, negligence or lack of care on the part of the parents, and other relevant factors. Based on this evaluation, decisions will be made regarding civil responsibility and the corrective or reparative measures that need to be taken.
The responsibility of minors has significant consequences. At A&O Abogados, your law firm specializing in tort law, we will provide you with guidance.
Our lawyers specialized in civil liability and family law can provide accurate guidance and help determine the best legal options to protect the rights of all parties involved.
Ultimately, the goal of civil responsibility in these cases is to seek proper compensation for the victim and promote the prevention of future harm. Additionally, it aims to promote the education and responsibility of minors, as well as the fulfillment of the duty of care by parents or legal guardians.
The responsibility of minors also has a criminal aspect. Dealing with crimes committed by minors is a complex issue.
Minors are legally responsible for their actions from the age of fourteen. However, efforts are made to provide them with opportunities for rehabilitation and reintegration instead of imposing severe penalties.
In many legal systems, special measures are established to address the criminal responsibility of minors. These measures recognize that minors have limited discernment and understanding capacity, which can influence their responsibility for their criminal actions.
Laws regarding the criminal responsibility of minors seek to protect the best interests of the child. Additionally, they aim to promote their rehabilitation and reintegration into society.
Educational, welfare, or proportional sanctions are often imposed based on the severity of the committed crime. These measures are intended to give minors the opportunity to learn from their mistakes, acquire skills, and change their behavior.
When we talk about the responsibility of minors, we must also mention the reform record.
The reform record is a legal process specifically designed for minors who have committed crimes. It involves a series of stages and procedures aimed at assessing the situation of the minor and determining the most appropriate measures for their rehabilitation.
The reform record is based on a multidisciplinary approach involving different professionals such as judges, prosecutors, social workers, psychologists, and educators. These professionals evaluate the minor’s case, considering their age, level of maturity, criminal history, and personal circumstances.
Based on this assessment, the most suitable measures are determined, which may include education, treatment programs, support services, or judicial supervision.
The main goal of the reform record is to provide an individualized response focused on the rehabilitation of the minor. It aims to avoid stigmatization and prolonged imprisonment, focusing on the personal development and social reintegration of the minor.
The criminal responsibility of minors and the reform record are of key importance in society. These legal approaches seek not only to punish minors for their criminal actions but also to provide them with an opportunity to correct their behavior and reintegrate as productive members of society.
Successful rehabilitation and reintegration of minors can help prevent recidivism and reduce future criminality. By providing minors with educational tools, emotional support, and developmental opportunities, the construction of a safer and more equitable society is promoted.
Is your child responsible for causing damages and facing a civil liability claim? Are they involved in a more serious issue and have a juvenile process open? At A&O Abogados, your specialized law firm in juvenile matters, we will guide you throughout the process. Call us now.
In the meantime, feel free to read our blog post on the crime of child abduction at