FAULTS WHICH CONTRIBUTED TO THE DAMAGE AND SOVEREIGN ASSESSMENT OF THE COURT JUDGES
LexInter | October 15, 2009 | 0 Comments

FAULTS WHICH CONTRIBUTED TO THE DAMAGE AND SOVEREIGN ASSESSMENT OF THE COURT JUDGES

WHICH IS ONLY AT THE EXCESSIVE SPEED, AND, LACK OF CONTROL OVER HIS CAR OF THE PREVENTED. ”
ON THE SINGLE MEANS: WHEREAS HE APPEARS FROM THE STOP ATTACK THAT FLIEGANS, WHO DRIVING, AT NIGHT, A MOTOR CAR AT A SPEED NEAR 90 KILOMETERS AN HOUR, WHILE HE WAS UNDER THE EMPIRE D ‘AN ALCOHOLIC STATE AND THAT HE HAD ONLY HAD A DRIVING LICENSE FOR THREE DAYS, LOSED CONTROL OF HIS VEHICLE WHICH CRASHED AGAINST A TREE; WHEREAS THIS ACCIDENT CAUSED THE DEATH OF ROCHEL AND SCHAEFFER, WHO WERE VOLUNTARILY TRANSPORTED IN THE MOTOR VEHICLE; THAT THOSE, WHO HAD SPENT PART OF THE NIGHT IN THE COMPANY OF FLIEGANS AND WERE WITNESSES OF HIS COPY LIBATIONS, MAY NOT HAVE NOT FOUND THAT AT THE TIME OF FACT THE DRIVER WAS VISIBLY UNDER THE INFLUENCE OF THE’ ALCOHOL AND GIVEN OBVIOUS SIGNS OF FATIGUE; WHEREAS THE JUDGES OF APPEAL DEDUCTED FROM THESE CIRCUMSTANCES THAT THIS FAULT IS RELATED TO THE DAMAGE AND OF A KIND TO LEAVE THOSE WHO COMMITTED A QUARTER OF THE DAMAGE THAT RESULTS FROM IT;
WHEREAS ON THE BASIS, TO OPERATE A SHARING OF RESPONSIBILITIES ON THESE REASONS, WHICH PRESENT NO DUBITATIVE CHARACTER, THE COURT OF APPEAL HAS FULFILLED ARTICLES 1382 OF THE CIVIL CODE AND 2 OF THE CODE OF PENAL PROCEDURE; WHEREAS SEVERAL FAULTS HAVE CONTRIBUTED TO THE PRODUCTION OF DAMAGE RESULTING FROM AN INFRINGEMENT, THE RESPONSIBILITY OF THEIR AUTHORS IS INVOLVED TO AN EXTENT THE ASSESSMENT OF WHICH BELONGS TO THE COURTS OF THE SUBJECT MATTER; ? FROM WHERE IT FOLLOWS THAT THE MEANS CANNOT BE COLLECTED; AND WHEREAS THE JUDGMENT IS REGULAR IN FORM;
FOR THESE REASONS: DISMISSES THE APPEAL AGAINST THE JUDGMENT RENDERED ON DECEMBER 19, 1969 BY THE COURT OF APPEAL OF COLMAR.

 



Publication: Bulletin of judgments Cour de Cassation MIXED Chamber N. 1 P. 1
Note AB RGAT 1972 p. 227 (1p). Note LINDON JCP 1972 II N. 17050 (2p). Note HM GP 1972 p. 227
Contested decision: Court of Appeal COLMAR 1969-12-19

Case law precedents: ID. Court of Cassation (Civil Chamber 2) 1969-06-12 Bulletin 1969 II N.206 P.148 (REJECTION) AND THE CITES ID. Court of Cassation (Civil Chamber 2) 1970-11-13 Bulletin 1970 II N.303 (1) P.230 (REJECT) CF. Court of Cassation (Civil Chamber 3) 1971-02-25 Bulletin 1971 III N.142 P.102 (CASSATION) CF. Court of Cassation (Criminal Chamber) 1962-01-24 Bulletin Criminel 1962 N.58 P.115 (CASSATION) CF. Court of Cassation (Criminal Division) 1965-11-18 Criminal Bulletin 1965 N.241 P.545 (PARTIAL CASSATION) $ CF. Court of Cassation (Criminal Division) 1967-01-17 Criminal Bulletin 1967 N.23 P. 57 $ CF. Court of Cassation (Criminal Chamber) 1968-02-13 Bulletin Criminel 1968 N.43 P.104 (REJECTION)

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