Rules Regarding Civil Liability In Certain Cases

ART. 101

General Rule: Exemption from criminal liability does not include
exemption from civil liability.

      Exception: No civil liability in Art. 12, par. 4 (injury
      caused by mere accident) and par. 7 (failure to perform an
      act required by law when prevented by some lawful or
      insuperable cause).

Pars. 1,2,3,5 and 6 are NOT exempt from civil liability although
exempt from criminal liability.

Who Are Civilly Liable For: -
1. Acts of insane or minor exempt from criminal liability
    a. primarily persons having legal authority or control over
       him, if at fault or negligent (except if proven that they
       acted without fault or with due diligence)
    b. If there is no fault or negligence, or even with fault
       but are insolvent and there are no persons having legal
       authority over them, the property of the insane, minor or
       imbecile not exempt from execution shall be held liable.

2. Over 15 but under 18, with discernment
    a. The father and, in case of his death or incapacity, the
       mother, are responsible for the damages caused by the minor
       children who live in their company.
    b. Guardians over minors who are under their authority and
       live in their company
    c. If there are no parents or guardian, the minor or insane
       person shall be answerable with his own property in an
       action against him where a guardian ad litem shall be

       NOTE: Final release of a child based on good conduct does
       not remove his civil liability for damages.

3. Persons acting under an irresistible force or uncontrollable
   fear – Persons using violence or causing the fear are primarily
   liable. If there are none, those doing the act are responsible.

   General Rule: no civil liability in justifying circumstances

         Exception: par. 4 of Art. 11, where a person does an
         act, causing damage to another, in order to avoid evil
         or injury, the person benefited by the prevention of
         the evil or injury shall be civilly liable in proportion
         to the benefit he received.

Civil liability in case of state of necessity
   Those who benefited by the act are liable. The court shall
   determine the proportionate amount for which each shall be
   liable. If the government or majority of the inhabitants
   are held responsible, such will be determined by special
   laws or regulations.


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