The foundation and mechanism of the tortious liability of the parents for the acts of their children - a diachronic regard
The foundation and mechanism of the tortious liability of the parents for the acts of their children - a diachronic regard

Summary/Abstract: Owing to the prevailing subjective approach to tort liability, both legal scholars and the courts established during the last century the subjective basis of the parents’ liability for the acts of their minor children, based on a rebuttable legal presumption of fault on the part of the parents, laid down by Art. 1000 paras. 2 and 5 of the Civil Code. In parallel with the subjective approach to the parents’ liability for the tortious acts of their minor children, there has developed, since the beginning of the last century, the idea of an objective ground of the tort liability for the acts of another, in general, and, as such, of the parents’ liability and for the acts of their minor children. It was thus held that fault is not to be regarded as an essential element of liability, as responsibility is incurred based on an act or on a causal link, and not based on a person’s fault. From the perspective of the victim, what counts in establishing a person’s tort liability for the acts of another is the idea of warranty for the acts that such person commits, consisting of his or of her property.

• Details
• Contents