Explanation of Article 129
This article addresses the responsibility of the person tasked with supervision for the actions of the one under their supervision, which is one of the two forms of liability for the actions of others. It stipulates that anyone who is required by law, agreement, or judgment to supervise a person due to their young age or mental or physical incapacity is responsible for the damage caused by that person, unless the supervisor proves that they fulfilled their duty with the necessary care or that the damage was inevitable even if they had performed this duty. The article also clarifies the responsibility of the superior for the actions of their subordinate and the right to recourse against the person who caused the damage.
Related To
Article 129
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A person who is required by law, agreement, or judicial ruling to supervise a minor or a person with a mental or physical impairment shall be liable for any harm caused by the person under his supervision, unless the supervisor establishes that he exercised reasonable care or that such harm cannot be avoided even if reasonable care is exercised.
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A superior shall be liable to an aggrieved party for any harm the fault of which is attributed to his subordinate during the course of his work or as a result of such work, provided that the superior has actual authority to supervise and direct the subordinate, even if he did not choose to be his superior.
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The person who pays compensation on behalf of the person causing the harm in the cases provided for in paragraphs (1) and (2) of this Article shall have the right of recourse against the person who caused the harm to the extent of said person’s liability for the compensation.