CIVIL LIABILITY LAW

Civil liability law is a branch of civil law that governs the rules and principles related to the obligation to repair damage caused to others. It encompasses both extracontractual liability, which arises from unlawful, negligent, or imprudent acts, and contractual liability, which results from breaches of contractual obligations.

I. Extracontractual Liability

In matters of extracontractual liability (or "tort liability"), any natural or legal person is required to repair the damage they have caused, whether by their own actions (Articles 1382 and 1383 of the Civil Code), by individuals under their responsibility, or by items under their care (Article 1384 Paragraph 1 of the Civil Code).

Civil liability therefore extends to parents for the acts of their minor children (Article 1384 Paragraph 2 of the Civil Code), employers for the acts of their employees in the course of their duties (Article 1384 Paragraph 3 of the Civil Code), animal owners (Article 1385 of the Civil Code), property owners (Article 1386 of the Civil Code), etc.

Cases of extracontractual liability may thus vary greatly:

  • a negligent driver causing a traffic accident,
  • an uncontrolled dog attacking a passerby,
  • a pedestrian falling heavily due to an abnormal state of the sidewalk,
  • a manufacturer marketing a defective product,
  • a doctor committing a medical error,
  • a company illegally discharging toxic substances into the environment,
  • a tree falling onto neighboring property, etc.

II. Contractual Liability

Contractual liability, on the other hand, arises from the failure to comply with the terms of a contract. Except in cases of exception, legally formed contracts are binding on the parties (Article 1134 of the Civil Code): pacta sunt servanda. It follows that when one party fails to meet their contractual obligations, they may be required to compensate the other party for the damages resulting from this breach.

Whether within a contractual or extracontractual framework, liability law always aims to ensure full compensation for the damages suffered by victims, adhering to the principle of "the entire damage and nothing but the damage."

Our legal team is devoted to ensuring the full compensation of the harm you have suffered, through both judicial processes and extrajudicial settlement..

Liability law

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