Doctrine of the Collective Responsibility and the Coalition Government

Doctrine of the Collective Responsibility and the Coalition Government

Collective Responsibility

The collective responsibility is the responsibility of individual, when damage is caused by a particular person or by several persons individually determined or when produced by the things belonging to one or more subjects also individually determined. The duty to indemnify is imposed directly caused or who caused the harm, or who or who should answer for another or as owners or custodians of the thing that created the situation (Salles, 2011). Individual responsibility can be of either one or two or more persons who are required by law to indemnify, is particularized by the following characters:

Individualization responsible person immediately.

The inexcusable demonstration of the causal links between situation and the fact the author or the thing that belongs or has in his custody.

It has been held liable or subject to which they are charged an authoring or participation in events themselves or as owners or custodians of things. The question of collective responsibility appears, however when the subject is individualized among a group of possible perpetrators, and by logical consequence, not shown causation.

Collective responsibility has not been provided but in exceptional cases. The need is not to leave victims without redress for the damage, so often at that time, by things thrown or falling from a postion when no one knew who the courage or who placed them dangerously. I have to impose the obligation to compensate all occupants of the house in proportion to its interest in it. Today, the repetition of damage caused by individual groups of people not acting in diverse circumstances and the increasingly widespread concept that should not be left to the victim without compensation for damage suffered (Menon, 2008).

Plurality of Subjects

For collective responsibility should not be understood necessarily plural responsibility of several individual subjects, by joint or concurrent participation in the implementation of an unlawful act. In this case the responsibility is still single but multiple. Common intervention: when there are several people who cooperate to produce the same harmful result, there is joint or common action in tort, whether crime or tort. There co authorship when the facts involved in common conceive the joint implementation of a fact, whether of criminal intent to cause harm, whether reckless acts that result to a third party.

Cumulative intervention: if several people involved in running events independent of each other, which produces the same result as would have occurred in isolation, is cumulative or concurrent intervention. Each one is individually responsible for damages. Intervention dilemma: if the act appears to attribute to one or another person in an exclusive manner, the intervention is disjunctive or alternative. In this case it is impossible to prove causation (Menon, 2008).

Fundamentals of This Liability

It has been proposed various doctrines are based on collective responsibility. A first collective responsibility thesis presents an extension of the theory of moral personality. According to her, the group is bound as a person in fact, that is a sociological fact ...