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• The responsible persons could not rely on legal grounds for
reduction of compensation –i.e. instances of slight negligence–
in absolute solidarity cases, while in partial solidarity cases,
they might do so.
In addition to the abovementioned differentiation between
absolute and partial solidarity, in the event that more than one person
was liable for the same damage in accordance with the provisions reg-
ulating absolute solidarity, the TCO regulates recourse in a manner dif-
ferently than aCO. Indeed, as per aCO Art. 50 –the same as how the
TCO stipulates– the person who abetted, meaning the person who
aided the wrongdoer after the unlawful act is committed, used to be
liable only if he/she received a share of the profit, or if he/she caused
the damage by this aid.
A hierarchical structure is created by the aCO regarding the
recourse in partial solidarity cases: As a rule, it is accepted that the pri-
mary responsible party is the wrongdoer, followed by the person who
is contractually liable, and ultimately, the person who is objectively
liable.
The TCO Provisions Governing the Liability of More than One
Person for the Same Damage
The TCO governs the liability of more than one person for the
same damage in a manner that is very different manner from the aCO,
the most important of which is the abrogation of the differentiation
between absolute and partial solidarity –more precisely, being left to a
solely theoretical dimension. Indeed, as per TCO Art(s). 61 and 62, the
persons who mutually commit a tortious act and cause damage, then
the persons who are liable on multiple legal grounds are made subject
to the same provisions. Consequently;
• This prescription is interrupted for all of the liable persons if
interrupted for one of them, even though their liability stems
from different legal grounds.
• In accordance with the TCO, the succession of the liable person
who fulfils his/her obligation for more than what fell to his/her
share, his/her right of recourse to all of the severally responsi-
ble persons for the excess payment is accepted for the partial
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