While he was smoking a cigarette, sitting on the windowsill of an apartment located on the 5th floor of a building, an individual fell over and died. His parents and his sister then sued the owner of the apartment in which the accident occurred, in compensation for their damages . The owner-lessor called the company in charge of housing management as well as its insurer as a guarantee. 2) What was the procedural course of this case? The Tribunal de Grande Instance initially seized by the rights holders partially upheld their claim for compensation. In a judgment dated June 23, 2020, the LYON Court of Appeal overturned the first day’s decision, emphasizing that the deceased ” was particularly reckless and was the sole cause of his damage.
In This Respect the Court Recalled That the Individual
Then alcoholic and having consumed cannabis at the time of the events, should not have sat on the sill of a window of an apartment located on the 5th floor and devoid of railings, insofar as faced with such a situation ” any wise person would conceive the danger “. The Court of Appeal therefore upheld Indonesia email list the judgment entered into on the grounds that ” the victim’s sole negligence at the exclusive origin of his damage prevents the implementation of the liability of the guardian of the inert thing “. The heirs of the deceased then lodged an appeal in cassation. 3) What is liability for the fact of things? Liability for the fact of things emerged at the end of the 19th century . At that time, faced with the development of industrialization.
The Regime of This Liability Is an Objective Regime
Independent of any assessment of the behavior of the person responsible, has the merit of facilitating the compensation of victims. It was built by the Jurisprudence on the basis of article 1384 al. 1 of the Civil Code (now Article 1242 al. 1 of the same Code). Article 1242 para. 1 of the Civil Code provides: ” One is responsible not only for the damage that one causes by one’s own act, but also for that which is caused by the act of the persons Gambling Email List for whom one must answer, or of the things one has under his care .” The principle of liability for inanimate things is based on the concept of custody, regardless of the intrinsic nature of the thing and any personal fault of the guardian.
