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Liability arising from the actions of said persons may be
excluded completely or partially with an agreement to be
previously made between the parties.
If the creditor is under the service of the debtor or if the
liability is due to performance of an action realized under a
concession provided by the government, the debtor can only
hold himself free of liabilities arising from slight negligence.”
Provisions of Article 115 and 116 of the TCO are as follows:
“NON-LIABILITY AGREEMENT
Article 115-
An agreement previously made to the effect that the debtor
shall not be responsible for gross negligence shall be strictly
null and void.
All kinds of agreements previously made indicating that the
debtor shall not be responsible for any debts arising from the
service contract signed between the debtor and creditor shall
be strictly null and void.
If a service, profession or craft requiring expertise can only be
provided with the concession provided by the laws or autho-
rized departments, the agreements previously made indicating
that the debtor shall not be responsible for slight negligence
shall be strictly null and void.”
“LIABILITY FOR ACTIONS OF ASSISTING PERSONS
Article 116
Even if the debtor has assigned the fulfillment of the debt or
the exercise of the right arising from the debt relationship to a
person who lives with him or his assistants like his employees,
the debtor shall be responsible for compensating the losses
given to the other party during execution of the work by
them.
Responsibility arising from the actions of the assisting persons
may be excluded completely or partially with an agreement
previously made.
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NEWSLETTER 2012