Causal liability
Causal liability is common in the jurisprudence and legislation on civil law in Switzerland . The word causal (from Latin causa 'cause' ) means that you have to accept liability even if you are not at fault . In some cases, however, the opinion is also expressed that the causal liability is ultimately a fault liability , since only the burden of proof with regard to fault is reversed . This means that the most causal guarantees a relief proof provide from consideration (refer to, for example, pet owners liability ( Art. 56 OR ) or the financial liability Mr ( Art. 55 OR)).
The following points must be met in order for someone to be held accountable for causal liability :
- an existing damage,
- the perpetrator acted unlawfully
- Cause and effect must be related (causal relationship)
It can, but does not have to be fault. The causal liability is known above all in the case of animal liability , factory owner liability , liability of parents for their children, motor vehicle owner liability , product liability .
Example: A car driver drives carefully and according to regulations along a street. A playing child runs out onto the street and is injured by the driver. Even if the driver is not at fault, he is liable for the injured child.
The causal liability according to Art. 273 para. 1 DEBA of the attaching creditor does not apply in the event of an inadequate execution of the attachment.
Under German law it is called the same legal phenomenon of no-fault liability in the use of dangerous objects of strict liability (see. Tort ).
See also
literature
- Carl Oechslin : Key points of the problem of causal liability: on the legal concept of causal liability; Contribution to a method of the legal intellectual presence presented on the model of the question of causal liability. 1948 (dissertation).
swell
- ↑ BGE 113 III 94, 99 ; Hunziker / Pellascio, p. 302
