From ocupatio to fructus fundi. the evolution of non-contractual liability in traffic accidents caused by game species.

Abstract

This paper analyzes the legal evolution of the non-contractual liability or aquiliana derived from traffic accidents caused by the irruption of game species on public roads. The traditionally objective regime that was in hunting laws, through the successive reforms in the last two decades in terms of traffic, circulation of motor vehicles and road safety, have evolved to subjectivist criteria, becoming virtually impossible to establish criteria of attribution with the regulation in force. We are dealing with the evolution of jurisprudence, as well as public and private interests that promoted this change paradigm, along the different reforms adopted in recent years.