Ar cle 1167 Where a tor ous act endangers another person’s personal or property safety, the infringed
person has the right to request the tor easor to bear tort liability such as cessa on of the infringement,
removal of the nuisance, or elimina on of the danger.
Ar cle 1168 Where two or more persons jointly commit a tor ous act causing damage to another person,
they shall bear joint and several liability.
Ar cle 1169 A person who aids or abets an actor in the commission of a tor ous act shall assume joint and
several liability with the actor.
A person who aids or abets an actor with no or limited capacity for performing performing civil juris c acts in
the commission of a tor ous act shall assume tort liability. The guardian of the actor with no or limited
capacity for performing civil juris c acts shall assume corresponding liability where he fails to ful ll the
du es of a guardian.
Ar cle 1170 Where two or more persons commit an act that endangers another person’s personal or
property safety and the damage is caused only by one or several of them, if the speci c tor easor(s) can be
iden ed, the tor easor(s) shall bear liability, and if the speci c tor easor(s) cannot be iden ed, all of the
actors shall assume joint and several liability.
Ar cle 1171 Where the tor ous acts commi ed by two or more persons respec vely cause the same
damage to another person, and each act is su cient to cause the en re damage independently, the actors
shall assume joint and several liability.
Ar cle 1172 Where the tor ous acts commi ed by two or more persons respec vely cause the same
damage to another person, each of them shall bear the liability in propor on to their respec ve share of
fault if it can be determined, or in equal share if it cannot be determined.
Ar cle 1173 Where an infringed person is also at fault for the occurrence or aggrava on of the same damage
to himself, the liability of the tor easor may be mi gated.
Ar cle 1174 An actor shall not assume liability for any damage inten onally caused by the vic m.
Ar cle 1175 Where a damage is caused by a third person, the third person shall bear tort liability.
Ar cle 1176 Where a person voluntarily par cipates in a recrea onal or sports ac vity with certain inherent
risks and thus su ers damage due to another par cipant’s act, he may not request the other par cipant to
bear tort liability unless the damage is caused by the la er’s inten onal act or by his gross negligence.
The liability of an organizer of the ac vity shall be governed by the provisions of Ar cles 1198 through 1201
of this Code.
Ar cle 1177 Where a person’s lawful rights and interests are infringed upon and he may su er irreparable
harm if ac ons are not immediately taken because the situa on is urgent and no protec on from the State
organ is immediately available, he may take reasonable measures such as seizing the property of the
tor easor to the extent necessary for protec ng his lawful rights and interests, provided that he shall
immediately therea er request the relevant State organ to handle it.
A vic m who has taken an improper measure so that damage is caused to another person shall bear tort
liability.
Ar cle 1178 Where this Code or other laws provide otherwise on the circumstances under which an actor
bears no or mi gated liability, such provisions shall be followed.
Chapter II Damages
ti
fi
ti
fi
ti
ti
ti
tf
ff
ti
fi
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
tf
ti
ti
ti
fi
ti
tt
ti
ti
ffi
ti
tt
tt
ti
tf
ti
ti
ti
tf
ti
ti
ti
ti
ft
tf
ff
ti
ti
fi
ti
ti
tf
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
126
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières