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On January 1, 2025, the new Book 6 "non-contractual liability" of the Civil Code will come into effect, a legal code that dates back to 1804 and was introduced by Napoleon himself.
In addition to numerous contractual relationships, legal practice consists of a wide range of relationships that have not been pre-agreed but arise nonetheless, forcing people into relationships with each other, for example, when someone has made a mistake or has been careless or negligent. These non-contractual relationships were governed by articles 1382-1386bis of the (old) Civil Code, and these rules are now changing.
In this article, we address two practical cases: the liability for (minor) children and for animals.
A new legal basis for an age-old principle
The general principle of non-contractual liability remains unchanged: whoever causes damage through their fault or negligence (or that of a person or object for which they are responsible) is obliged to compensate for the damage.
The new Book 6 replaces the old articles 1382-1386bis, as well as the law of February 25, 1991, concerning liability for defective products.
Liability of parents for their minor children
The liability of parents for their children (currently: article 1384; becoming: article 6.12) is being modernized.
"Parents" now also include people with no biological relation to the child but who exercise authority over the minor, such as adoptive parents, guardians, and foster carers (siblings, grandparents, stepparents, or institutions remain excluded).
The old (rebuttable) presumption of parental liability (unless they proved no fault in upbringing or supervision) is being replaced by strict liability, which is irrefutable until the child reaches 16 years of age. Only from age 16 can parents provide evidence of careful supervision (proof of proper upbringing is no longer required).
Liability of the keeper of an animal
The strict liability that is now introduced for parents already existed in cases of damage caused by animals (currently: article 1385) and will continue in the new law (article 6.17).
The term "animal" is interpreted broadly and includes pets, domesticated animals, as well as wild animals under someone's power, leadership, and control. This person will (rebuttably) be presumed to be the owner of the animal, unless the owner demonstrates that they have entrusted the actual care of the animal to someone else.
An active role or particular (abnormal) behaviour of the animal is no longer required for fault: a dog sleeping on the sidewalk can still bring the keeper's liability into question.
Liability can no longer be avoided by invoking force majeure or the actions of a third party. The victim's own fault or the perfectly normal behaviour of the animal can no longer exclude the liability of the keeper of the animal; at most, this will lead to a division of liability, which will be decided by the court.
The preparatory texts of the new law mention as an example a horse that kicks a bystander because it was startled by a firecracker thrown by a child: both the keeper of the horse and the parents of the child will be jointly and severally liable for compensating the damage...
Effective date and the importance of good assistance and insurance
The new legal provisions, which may have a significant impact on the private lives of many people with children and pets, apply to incidents occurring from January 1, 2025.
It is advisable to thoroughly review insurance policies and adjust them if necessary to avoid unpleasant surprises. Many disputes (regarding the distribution of compensation) will likely end up in court again, making good private legal insurance increasingly important.
Be sure to contact us for further clarification and assistance, as we can also advise you on insurance matters, together with our insurance partners from VB Alliance (www.vb-alliance.com).
