About the Possibility of a Second Trial Among Joint Tortfeasors in Order to Fix the Share of Liability

14 Pages Posted: 3 Apr 2009

See all articles by Carlos Gómez Ligüerre

Carlos Gómez Ligüerre

Universitat Pompeu Fabra - Department of Law

Date Written: October 22, 2007

Abstract

If two or more persons are held jointly and severally liable in tort for the same injury, the victim may recover a full compensation from any of them. Subsequently, the tort feasor who has paid has a right of contribution for the amount paid by her in excess of her share and joint tort feasors may be compelled to make a contribution for their share of liability. Frequently, allocation of shares is controversial and a suit is needed to solve the problems that arise.

Through the years Spanish Supreme Court's Civil Chamber held that this suit, different from the one imposing joint and several liability, was permitted as an essential component of the rule. However, a recent judgment by the same Chamber (March 13, 2007) has revisited the issue and has held that a suit among joint tort feasors in order to allocate individual shares infringes res iudicata. This paper is a reaction to this new judicial doctrine.

Keywords: Joint and Several Liability, Indemnity, Contribution, Res Iudicata

Suggested Citation

Gómez Ligüerre, Carlos, About the Possibility of a Second Trial Among Joint Tortfeasors in Order to Fix the Share of Liability (October 22, 2007). InDret, Vol. 4, 2007, Available at SSRN: https://ssrn.com/abstract=1372048

Carlos Gómez Ligüerre (Contact Author)

Universitat Pompeu Fabra - Department of Law ( email )

Ramon Trias Fargas 25-27
Barcelona, 08005
Spain

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