In a compensation dispute, it is not enough to show that you suffered a loss. It must also be explained and proven, according to the rules applicable to the case, how the act or failure to perform the obligation contributed to the production of the damage. The fact that two events occurred in succession does not in itself prove causality.
What is the causal link?
The causal link is the relationship between the imputed conduct and the damage for which compensation is sought. The analysis depends on the concrete circumstances: what happened, what effects it produced, whether other causes intervened and what losses can be attributed to that conduct. There is no rule according to which any damage must be the „direct and necessary” effect of a single act.
In tort law, the Civil Code regulates the obligation to repair the damage caused by an unlawful act committed with malice (art. 1357). In contract law, the analysis starts from the assumed obligation and its non-performance; the conditions and extent of compensation are verified in relation to the applicable contractual rules.
Who needs to prove it and what evidence can help
As a rule, the party making a claim in the process must prove it, with the exceptions provided by law (Article 249 of the Code of Civil Procedure). Depending on the case, the following may be useful:
- the contract, notifications, orders and correspondence, in order to show the obligations and conduct of the parties;
- photographs, legally obtained recordings, minutes of proceedings and documents drawn up at the time of the incident;
- medical records, accounting reports or documents quantifying the loss;
- technical, forensic or accounting expertise, when specialized knowledge is required;
- witnesses and other evidence admitted by law, assessed together with the rest of the case file.
Construct a chronology and link each category of damage to the evidence supporting it. Separate the loss already produced by the future one: the future damage can be compensated if its occurrence is indisputable, according to Article 1385, paragraph (2) of the Civil Code. The court assesses the evidence as a whole; no single piece of evidence alone guarantees the admissibility of the claim.
What happens if several causes contributed?
A competing cause of action does not automatically remove liability. If the victim contributed culpably to the production or increase of the damage, or failed to avoid it even though he could, the compensation may be reduced in proportion to his contribution, according to Article 1371 of the Civil Code. Force majeure can only have an exonerating effect if the legal conditions are met. Neither the intervention of a third party automatically excludes liability; the concrete role of each conduct in producing the result matters.
Practical steps before claiming compensation
- Describe separately the act or obligation violated and the claimed damage.
- It records the events chronologically and identifies the the evidence for each stage.
- It shows how each sum or consequence is linked to the imputed behavior.
- Check whether there were competing causes, the victim's contribution, or special rules of evidence.
In civil and commercial disputes, documentation of the link between the act and the harm can influence both liability and the amount of compensation. For assistance in litigation, see page of commercial law services.
Official texts: Civil Code and Code of Civil Procedure. General information, not advice for an individual case; the solution depends on facts, evidence, and applicable rules.
