Civil Liability in Guatemala: Claims for Damages

## Civil liability in Guatemala Civil liability is the obligation to repair damage caused to another person. In Guatemala, it is regulated primarily by the **Civil Code (Decree-Law 106)**, articles 1641 to 1655, and the **Civil and Mercantile Procedural Code (Decree-Law 107)**. --- ## Types of civil liability ### 1. Extracontractual liability (tort) Applies when the damage is caused without a prior contract between the parties. For example: a traffic accident, damage from a defective product, or injury from negligence. **Requirements (Civil Code, art. 1641):** - **Damage:** There must be actual damage (material, personal, or moral) - **Fault or intent:** The author acted with negligence, recklessness, or intent - **Causation:** The damage was directly caused by the author ### 2. Contractual liability Applies when the damage arises from breach of contract. For example: a contractor who does not deliver the agreed work, or a supplier who delivers defective products. ### 3. Strict liability (without fault) In certain cases, the law imposes liability without needing to prove fault: - Employer liability for damages caused by employees - Liability for hazardous activities - Product liability --- ## Types of recoverable damages ### Material damages Loss or deterioration of property. Quantified by replacement or repair value. ### Personal damages Physical injuries, medical expenses, loss of income, disability. ### Moral damages Psychological suffering, reputational damage, affront to dignity. Quantified based on severity and circumstances. ### Loss of earnings Income or profits the injured party failed to receive due to the damage. --- ## Step-by-step to claim ### Step 1: Document the damage Gather all evidence: - Photographs of the damage - Invoices and receipts for medical or repair expenses - Authority reports (if applicable, such as police report) - Witnesses - Medical or technical expert reports ### Step 2: Attempt conciliation Before suing, attempt direct conciliation with the responsible party. This can be done by formal letter or through a lawyer. ### Step 3: File the claim If there is no agreement, file a civil claim with the competent **Civil Court of First Instance**. The claim must include: - Identification of plaintiff and defendant - Description of the facts - Quantification of damages - Evidence - Request for reparation ### Step 4: Trial hearing The civil process in Guatemala is oral. At the hearing, both parties present evidence and arguments. ### Step 5: Judgment The judge issues a ruling that may order: - Payment of compensation - Repair of the damage - Payment of damages - Payment of court costs --- ## Documents you will need - Evidence of the damage (photos, videos, documents) - Invoices and expense receipts - Medical reports (if there are injuries) - Authority reports (police, municipal) - Identification (DPI) - Information about the responsible party - Witnesses (names and statements) --- ## Authorities involved | Authority | Role | |---|---| | Civil Courts of First Instance | Resolution of claims | | Justice of the Peace Courts | Smaller claims | | Public Ministry | If there is a possible crime | | Guatemalan Social Security Institute (IGSS) | If it is a workplace accident | --- ## Legal basis - **Civil Code** (Decree-Ley 106), articles 1641-1655 (civil liability), 2100-2150 (unjust enrichment) - **Civil and Mercantile Procedural Code** (Decree-Ley 107), articles 50-120 (ordinary process) - **Organic Law of the Judiciary** (Decree 2-89) - Available at: www.congreso.gob.gt *This article is informational and does not constitute legal advice.*