Rules Regarding Civil Liability In Certain Cases

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 appointed.

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 ear – 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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