Responsibility For Others And Things
LexInter | August 24, 2002 | 0 Comments

Responsibility For Others And Things

Article 1384

 Law of November 7, 1922 Official Journal of November 9, 1922) (Law of April 5, 1937 Official Journal of April 6, 1937 amending JORF May 12, 1937) (Law n ° 70-459 of June 4, 1970 Official Journal of June 5, 1970 in force on January 1, 1971) (Law n ° 2002-305 of March 4, 2002 art. 8 V Official Journal of March 5, 2002)

We are responsible not only for the damage that we cause by our own act, but also for that which is caused by the fact of the people for whom we must answer , or the things we have in our care.

However, whoever owns, in any capacity whatsoever, all or part of the building or movable property in which a fire has arisen will not be liable, vis-à-vis third parties, for the damage caused by this fire that is it is proven that it must be attributed to his fault or to the fault of the persons for whom he is responsible.

This provision does not apply to the relationship between owners and tenants, which remain governed by Articles 1733 and 1734 of the Civil Code.

The father and mother, in so far as they exercise parental authority, are jointly responsible for the damage caused by their minor children living with them.

Masters and principals, of the damage caused by their servants and servants in the functions for which they have employed them;

The teachers and craftsmen , for the damage caused by their pupils and apprentices during the time they are under their supervision.

The above liability takes place, unless the father and mother and the craftsmen prove that they could not prevent the fact which gives rise to this liability.

As regards the teachers, the faults, recklessness or negligence invoked against them as having caused the damaging fact, must be proved, in accordance with common law, by the applicant, at the instance.

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