Law of Contract and Tort

Liability for another

Liability for another was regulated by the provisions of Articles from 164. to 169 of the Law of Contract and Tort.

With liability for another varies the perpetrator of damage – tort-feasor from the responsible person – a person who is obliged to compensate the caused damage. Liability for the other was established in the interest of the injured party, because it is the perpetrator of damage that usually has no assets for the compensation of damage.

Liability for another means responsibility for the damage and the person responsible for another, and tort-feasor, except in cases when the damage is caused by a person who, due to mental illness or retarded mental development, or for some other reasons, is not mentally competent or by a child of up to seven years of age.

Tort-feasor shall be responsible in accordance with the principle of fault, because it is a responsibility for its own actions.

Persons Mentally Ill and Retarded (Mentally Handicapped)

Liability for loss caused by a person who, due to mental illness or retarded mental development, or for some other reasons, is not mentally competent, shall be borne by the person under a duty to take care of him on the ground of law or decision by competent authority, or on the ground of a contract.

Such person may exempt himself from liability after proving that he applied due control, or that loss or injury would have ensued anyhow, regardless of applying diligent supervision.

Liability of Parents

Parents shall be liable for loss or injury caused to another by their child of up to seven years of age, regardless of their fault. They shall be exempted from liability should grounds exist for exclusion of liability according to the rules of liability, regardless of fault.

Parents shall not be liable should loss or injury occur while the child was committed to another person’s care and if such person was liable for loss or injury.

Parents shall be liable for loss or injury caused by their child of over seven years of age, unless proving that the loss or injury took place without their fault.

Joint and Several Liability

Should liability for loss and injury be both the parents’ and the child’s, their liability shall be joint and several.

Liability of Another Person for a Minor

Liability for loss or injury caused to another by a minor, while under supervision of a guardian, school or another institution, shall be borne by the guardian, the school, or the other institution, unless they prove that they applied due care, or that loss or injury would have ensued even in spite of applying diligent care.

Should a minor also be liable for loss or injury, liability shall be joint and several.

Particular Liability of Parents

Should a minor not be under the care of parents but of some other person, the person sustaining damage shall be entitled to request recovery from the parents should damage be due to bad upbringing of the minor, bad examples or sinful habits transferred to him by his parents, or if the injury or loss can be attributed to the fault of parents in any way.

A person who in such a case is bound to effect supervision shall be entitled to request from the parents recovery of the amount (of damages) paid, if he has redressed the person suffering loss or injury.

Liability on the Ground of Equity

Should loss or injury be caused by a person otherwise not liable for it, and recovery can not be obtained from the person having a duty to supervise him, the court may – should equity so require and particularly due to material situation of the tort-feasor and the person suffering damage – order the tort-feasor to pay damages, entirely or partially.

Should loss or injury be caused by a mentally competent minor unable to redress it, the court may – should equity so require and more particularly due to material situation of parents and the person suffering loss or injury – oblige the parents to pay damages, entirely or partially, although not being at fault.

Read more:
Money indemnity of certain forms of the non-material damage for suffering mental anguish »
Insurance of persons – general rules and excluded risks »
Types of damage »

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