The legal liability: approach to the concept, relation with other fundamental legal concepts and its operation

Abstract

There is not a sole definition of the fundamental legal conception liability. For example, some see it as a kind of obligation; others as a legal state. The rigorous analysis of the legal language and the operation of the law based on the enforceability that characterizes it and the deontic legal standards that it contains lead to two conclusions: First one, liability, person and legal sanction are fundamental legal conceptions interdependent in their proper functioning; and second one, the clearest way to understand the liability is conceiving it as a legal state in which is located that person who could be liable to a legal sanction understood as a coercive act that restricts or removes legal properties and carried out by an authority with power and competency to do so, for the phenomenological performance of a tort.