Human Relations: Article 30 and Article 31

Question 1

State Article 30.

Answer 1

When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

Question 2

If the civil obligation arose from a criminal offense, is the required quantum of evidence in a civil suit to claim such civil obligation proof beyond reasonable doubt?

Answer 2

No. It is merely preponderance of evidence.

Question 3

State Article 31.

Answer 3

When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Question 4

Are there injuries not arising from the commission of a crime?

Answer 4

YES.

Question 5

Can a plaintiff recover damages twice (from a criminal case and a civil case) for the same act or omission of the defendant?

Answer 5

NO.

Question 6

Ask Google for “culpa contractual.”

Answer 6

?

Question 7

Ask Google for “culpa aquiliana.”

Answer 7

?

Question 8

Ask Google for “quasi-delict”

Answer 8

?