TITLE V

WRONGFUL ACTS

CHAPTER I

LIABILITY FOR WRONGFUL ACTS

 

Section 420.- A person who, wilfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound tomake compensation therefor.

 

Section 421.- The exercise of a right which can only have the purpose of causing injury to another person is unlawful.

 

Section 422.- If damage results from an infringement of a statutory provision intended for the protection of others, the person, who so infringes, is presumed tobe in the fault.

 

Section 423.- A person who, contrary to the truth, asserts or circulates as a fact that which is injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.

A person who makes a communication the untruth of which is unknown him, does not thereby render himself liable to make compensation, if he or the receiver of the communication has a rightful interest in it.

 

Section 424.- The Court, when giving judgement as to the liability for wrongful act and the amount of compensation, shall not be bound by the provisions of the criminal law concerning liability to punishment or by the conviction or non-conviction of the wrongdoer for a criminal offence.

 

Section 425.- An employer is jointly liable with his employee for the consequences of a wrongful act committed by such employee in the course of his employment.

 

Section 426.- The employer who has made compensation to a third person for a wrongful act committed by his employee is entitled to reimbursement from such employee.

 

Section 427.-  The two foregoing Sections shall be applied mutatis mutandis  to principal and agent.

 

Section 428.- An employer is not liablefor damage done by the contractor to a third person in the course of the work, unless the employer was at fault in regard to the word ordered or to his instructions or to the selection of the contractor.

 

Section 429.- A person, even though incapacitated, on account of minority or unsoundness of mind is liable for the consequences of his wrongful act. The parents of such person are, or his guardian is, jointly liable with him, unless they or he can prove that proper care in performing their duty of supervision has been exercised.