Negligence as an element of environmental liability

Abstract

Law No. 19.300 “General Environmental Law” (Bases Generales del Medio Ambiente) establishes in Title III a civil statute of liability for environmental damage. The system, which follows the guidelines of non-contractual civil liability has brought numerous problems, especially to configure the liability requirements, including the imputability element (negligence or fraud). In the present work we will develop the environmental civil liability system that follows our legal system, especially the element of guilt and its implications.