Criterion to Interpretation of Prevision in the Liability

Abstract

The approach towards the understanding of prevision, predictability or unpredictability arises due to the need to understand uncertainty and to have objective criteria that grant legal certainty to liability judgments; it was possible to establish the existence of a criterion called "Red Point" that is locates the exposed context or staging -in the immediate future in which the high probability of concretion of the damage is foreseen or visualized-. For this precision, two types of processes have been identified, which are part of the criterion and, will allow to identify the context in which responsibility is evaluated: the linear process and the circular process.