Confusing Terms: Derecho de daños; delito de daños

Confusing Terms2

Derecho de daños; delito de daños

These look-alike expressions may appear to be similar in meaning, but they actually have nothing in common other than the word daños. Derecho de daños (also called Derecho de la responsibilidad civil or Derecho de la responsibilidad extracontractual, is the term widely used in Spanish law to denote what in English is called “tort law” or the “law of torts.”

In contrast, delito de daños (Código Penal, arts. 263-267) describes the criminal offense of maliciously damaging the property of another (daños en propiedad ajena). In many common law jurisdictions (US; England and Wales) this is known as “criminal damage (to property).” For example, the Criminal Damage Act 1971 in force in England and Wales defines this offense as an act commited by a person who “without lawful excuse, destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged.” “Vandalism” and “malicious mischief” are other terms that describe aspects of what in Spain are defined as delitos de daños.

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