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falls onto a car due to a defect in the window’s frame while an
employee of a cleaning company is cleaning the window, the
cleaning company shall be liable in accordance with the provi-
sions governing the employer’s liability (TCOArt. 66; aCOArt.
55), while the building owner shall be liable in accordance with
the provisions governing the building owner’s liability (TCO
Art. 69; aCO Art. 58).
• Along with the liability arising from tort law, contractual liabil-
ity may be in question. To further explain, in the event that (A)
has an accident with a car rented from (B), and another driver
(C), is also faulty in the occurrence of the car accident, (A) shall
be liable towards (B) on contractual grounds, whereas (C) shall
be liable pursuant to the provisions of the Highway Traffic
Laws.
The Provisions of aCO Governing the Liability of More than
One Person from the Same Damage
This issue was regulated under aCO Art(s). 51 and 52. The said
provisions set forth two differing collective responsibilities, and a dif-
ferentiation is made between “partial solidarity” and “absolute solidarity.”
Accordingly, commitment of a tortious act by more than one per-
son –for instance, a robbery committed collectively by three people-
was identified as absolute solidarity; whereas, the responsibility of
more than one person – as explained, above– on multiple (different)
legal grounds, is classified as partial solidarity. The practical conse-
quences of this division were as follows;
• In instances of absolute solidarity, interruption of prescription
for one liable person meant the same for the others. In cases
where the liable persons were in partial solidarity, this was not
accepted. In other words, even though the prescription was
interrupted for one of the liable persons, it was accepted to con-
tinue for others.
• In absolute solidarity, one of the liable persons used to be the
successor of the creditor insomuch as he/she fulfil his/her oblig-
ations towards the creditor, which is not possible in partial sol-
idarity cases.
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