Court of Cassation Ruling on Principal's Liability in Deceit Cases
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Themes
Civil Code Article 1998, deceit, principal liability, agent deceit, contractual nullity, reparation of damage, extracontractual civil liability, representation mechanism
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Abstract
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Abstract
The Court of Cassation clarifies the law on the principal's liability in cases of deceit committed by an agent, emphasizing the need for the victim to prove the principal's personal fault.
Extract
[...] In fact, the victim, in order to engage the extra-contractual liability of the principal must prove the fault. II- A justified solution clarifying the contours of the principal's liability This solution is, on the one hand, justified but contestable Furthermore, this position puts an end to the jurisprudential wanderings and doctrinal debates A justified but contestable solution - On the one hand, the solution is justified and logical under the law: judges make an exact application of the new article 1138 of the Civil Code. [...]
[...] exact application of the previous legal definition. The necessity for the victim to establish a personal fault of the principal - Although the deceitful maneuvers have been highlighted by the judges, the Court of Cassation recalls the contours of Article 1998 of the Civil Code: there is an engagement of the principal's responsibility only if he personally committed the fault. The burden of proof falls on the victim. - In this case, in fact, the court ruled that no element allows to establish that the spouse and children of the principal had personally participated in the deceitful arrangements. [...]
[...] The refusal to engage the liability of the principal due to the agent's deceit The Court of Cassation refused to engage the liability of the principal due to the agent's deceit. In fact, although there are deceitful maneuvers of the principal it is necessary for the victim to establish the personal fault of the principal The existence of deceitful maneuvers of the principal confirmed - The legal definition of deceit: "the act of a contracting party to obtain the consent of the other by means of maneuvers or lies" but also "the intentional concealment ( . [...]
[...] A new solution putting an end to the jurisprudential wanderings and doctrinal debates - errors of the jurisprudence / non-unanimous jurisprudence: The commercial chamber and the 1st civil chamber are in favor of the liability of the principal with regard to the deceit committed by its agent (Civ 1here June 2016, no. 15-14.192 for example) VS inverse solution for the 3rd civil chamber (Civ 3ème April 2021, no. 19-20.424 for example). [...]
