Resumo

NEIRE-ROBLES, Yul Alexander; ORDEANO-VARGAS, Demetrio Moisés; BULEJE-AYALA, Lucía  e  JULCA-GUERRERO, Félix Claudio. Cosmetic surgery and strict liability. New challenges for contemporary Peruvian civil law. Noesis [online]. 2025, vol.7, n.14, pp.692-713.  Epub 15-Nov-2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i14.459.

The objective of the research is to determine the legal configuration of the regime of attribution of the objective liability of the physician in cosmetic surgery interventions. A descriptive research of a dogmatic-legal nature was carried out, focused on the systematic and interpretative analysis of the current regulatory framework, the specialized doctrine and the relevant jurisprudence on medical liability in cosmetic surgery. The strict liability of the doctor in cosmetic surgery in Peru is restricted by the absence of a specific regulatory framework and a subjective model based on fault, negligence or incompetence. Doctrine and jurisprudence suggest moving towards a regime of strict liability in proceedings focused on the non-compliant result and the risk created. This would strengthen patient protection and promote more rigorous standards of diligence, informed consent, and institutional control. In short, strict liability would function as a preventive and corrective mechanism adapted to cosmetic surgery.

Palavras-chave : Civil liability; medical liability; strict liability; objective liability; medical interventions; cosmetic procedures..

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