EIRP Proceedings, Vol 5 (2010)
The Liability Limits for the Minors’ Acts and for Persons with Particular Legal Situation Aspects of Comparative Law
Abstract
The natural and balanced development of the social life requires rules of conduct regarding the rights and interests of all its members. Nobody is entitled to violate or disregard these rights and, therefore, anyone who contravenes these rules must answer for its actions or objectively it must ensure
and bear some risks. Therefore, this paper aims at exploring and investigating the issue by examining each item, the objective tort liability of persons responsible for the acts of the ones that are put under interdiction, as seen from the perspective of the current Civil Code, the New Civil Code and the Civil French Legislation. All legal systems state that natural persons have a full capacity of exercise up to a
certain age stipulated by law, then by that age they should be considered liable. According to our law, the basis of liability for the prejudicial actions of the minor's parents is related to the fact of having turned the full age and the legal residence of the minor. Parents have the duty, according to Family Code, to care for the child, to bring them up, "to take care of his health and of his physical development, teaching and
training him, according to his features ..., in order to make him useful to the society". Therefore, the legal
literature considers that there is a causality link between the duties established by law in relation to their minor children and the illicit acts committed by them, which may lead to a liability based on the fault of the parents regarding parental duties or the defective fulfillment of their duties. Finally, after creating a prejudice, the father is forced to cover the damage; this was not regarded as a sanction for the way their
duties were fulfilled, but as a repairing fact. In this paper we propose to render the various circumstances that arise on the situation of the minor and his adoption, parents' divorce, forfeiture of parental rights, etc. After analyzing the three civil codes, we propose to render the reality by detaching ourselves from the subjective impressions in order to bring our own contributions, recommendations and solutions, regarding
the regulations that cover, through justified measures and documents, the one who has suffered a damage
after a minor's illicit act.
and bear some risks. Therefore, this paper aims at exploring and investigating the issue by examining each item, the objective tort liability of persons responsible for the acts of the ones that are put under interdiction, as seen from the perspective of the current Civil Code, the New Civil Code and the Civil French Legislation. All legal systems state that natural persons have a full capacity of exercise up to a
certain age stipulated by law, then by that age they should be considered liable. According to our law, the basis of liability for the prejudicial actions of the minor's parents is related to the fact of having turned the full age and the legal residence of the minor. Parents have the duty, according to Family Code, to care for the child, to bring them up, "to take care of his health and of his physical development, teaching and
training him, according to his features ..., in order to make him useful to the society". Therefore, the legal
literature considers that there is a causality link between the duties established by law in relation to their minor children and the illicit acts committed by them, which may lead to a liability based on the fault of the parents regarding parental duties or the defective fulfillment of their duties. Finally, after creating a prejudice, the father is forced to cover the damage; this was not regarded as a sanction for the way their
duties were fulfilled, but as a repairing fact. In this paper we propose to render the various circumstances that arise on the situation of the minor and his adoption, parents' divorce, forfeiture of parental rights, etc. After analyzing the three civil codes, we propose to render the reality by detaching ourselves from the subjective impressions in order to bring our own contributions, recommendations and solutions, regarding
the regulations that cover, through justified measures and documents, the one who has suffered a damage
after a minor's illicit act.
References
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