Cura in eligendo
Cura in eligendo (dt. Care in the selection) is a term from the Swiss private law , including the liability of business rule. So-called business Mr adhesion to Art. 55, para. 1 OR (Swiss Obligations).
After that adheres Business Men for the damage that its employees have caused or other auxiliary personnel in the exercise of their official or business chores if he can prove that he all its obligations of due diligence has applied, in order to prevent such damage, or that the damage would have occurred even if this care had been exercised.
The “cura in eligendo” is one of the three curae that come into question as a lack of evidence of exception . The lack of proof of exception is one of the six prerequisites (damage, illegality, auxiliary person in the subordination relationship, functional context, causality, missing proof of exception) of liability for auxiliary persons in the non-contractual area.
According to a traditional trilogy, the required care of the owner is divided into:
- cura in eligendo = careful selection
- cura in instruendo = diligence in instruction ( instruction )
- cura in custodiendo = diligence in supervision ( control )
In 1994 the Swiss Federal Supreme Court ruled BGE 110 II 456ff. (so-called manhole frame case ) a fourth duty of care is defined:
- cura in organisando = due diligence in the company organization ( quality control )
With this decision, the court set the course for the abolition of the proof of exemption, as it is extremely difficult for the principal to provide this proof of due care.
See also
swell
- BGE (Federal Court Decision) 110 II, pp. 456ff.
- Alfred Keller: Liability in Private Law , p. 176ff.
Individual evidence
- ↑ Judgment text BGE 110 II 456ff. Retrieved April 1, 2010
