What are the attributes of a keeper of a thing?

What are the attributes of a keeper of a thing?

the guardian of a thing vicious, within the meaning of article 1384, paragraph 1, of the Civil Code, is the person who in fact uses, enjoys or retains the thing to his own account and which has a power of supervision, control and direction over it (see, in this sense, L.

What are the qualification criteria for the quality of guardian of a thing?

will be designated guardian the person who had physical possession of the thing at the time of the damage, the one who had it in his hands. Two exceptions to this: – The employee (the one who performs a function under the responsibility of one person) cannot be guardian.

How do we prove the active role of the thing?

The proof from active role of the thing : She must prove that the thing intervened in the realization of the damage and that this thing showed an abnormality (behaviour, state or position). In favor of the victim, case law has accepted, under certain conditions, a presumption of active role of the thing.

What are the criteria for a possible transfer of custody?

There can be transfer of keep without the will of the previous goalkeeper. Ex: theft, usurpation of things by an employee (an employee who uses in his personal interest the thing entrusted to him becomes guardian), etc. It should be noted that consciousness does notis not one criteria of the keep : she is objective.

Who are the employer’s agents?

The employer’s servants include all persons having a subordinate relationship with theemployer through an employment contract. The attendants are : Employees. The temporary workers.

What is the harmful event?

This is the event that is at the origin of the damage suffered by the victim and which gives rise to the claim. In construction, the harmful event is similar to carrying out the work for the contractors and performing a service for the designers.

How to prove that a thing was the instrument of the damage?

For only one thing inert be recognized as theinstrument of one shameit is up to the victim to provide proof that thing have summer placed in an abnormal position and played an active role in his fall.

What are the things covered by liability for the fact of things?

The guard of the thing is the third condition for founding the responsibility for things. The guard of the thing can be defined as the power of do exercised on the thing. The Guardian is the one who has material custody of the thingvs’isi.e. the use, direction and control of the thing.

What is the profession of goalkeeper?

The profession of goalkeeper is very versatile and requires a great deal of autonomy since he works alone most of the time. Its objective is to ensure the tranquility of tenants and residences, as well as their safety and the cleanliness of the premises.

Why is the guardian deprived of discernment?

The Court of Cassation justifies its solution by considering that since the guardian is deprived of discernment, he cannot, by definition, exercise a power of use, direction and control of the thing. However, this is a condition for the implementation of liability for the fact of things.

Why should the goalkeeper be different from other players?

FIFA rules also state that the goalkeeper’s equipment must be different from that of other players in order to facilitate identification of his role on the pitch. For example, most goalkeepers wear a different jersey – by color – from that of the other team members.

What is the responsibility of the guardian of the thing?

A priori, only the guardian of the thing is liable to incur liability on the basis of article 1242 of the Civil Code. Most often, the condition relating to custody will not raise any difficulties insofar as the guardian will be both the owner and the holder of the thing when the damage is produced.