damage to another person, compensa on shall be paid out of his own assets and any de ciency shall be
sa s ed by the guardian.
Ar cle 1189 Where a person with no or limited capacity for performing civil juris c acts causes damage to
another person and his guardian has delegated the duty of guardianship to someone else, the guardian shall
assume tort liability, and the delegated person who is at fault shall assume corresponding liability.
Ar cle 1190 Where a person with full capacity for performing civil juris c acts is at fault for causing damage
to another person due to temporary loss of consciousness or loss of control, he shall bear tort liability.
Where he is not at fault, he shall make appropriate compensa on to the vic m according to his nancial
situa on.
Where a person with full capacity for performing civil juris c acts causes damage to another person due to
temporary loss of consciousness or loss of control as a result of intoxica on or abuse of narco c or
psychotropic drugs, he shall bear tort liability.
Ar cle 1191 Where an employee causes damage to another person in connec on with the performance of
his work, his employer shall assume tort liability. The employer may, a er assuming the tort liability, claim
indemni ca on against the employee who acts inten onally or with gross negligence.
Where, during the period of labor dispatch, a dispatched employee causes damage to another person in
connec on with the performance of his work, the employer receiving the dispatched employee shall assume
tort liability. The employer dispatching the employee who is at fault shall assume corresponding liability.
Ar cle 1192 Where, in a labor rela onship formed between individuals, the party providing labor services
causes damage to another person in connec on with the labor services, the party receiving labor services
shall assume tort liability. The service-receiving party may, a er assuming the tort liability, claim
indemni ca on against the service-providing party who acts inten onally or with gross negligence. Where
the service-providing party su ers damage in connec on with the labor services, both par es shall assume
corresponding liabili es according to their respec ve faults.
Where an act of a third person causes damage to the service-providing party when such services are
provided, the service-providing party has the right to request the third person to bear tort liability, or to
request the service-receiving party to make compensa on. The service-receiving party may, a er making the
compensa on, claim indemni ca on against the third person.
Ar cle 1193 Where a contractor causes damage to a third person or to himself while comple ng the
contracted work, the ordering party shall not assume tort liability, provided that the ordering party shall
assume corresponding liability where he is at fault in placing the order, making the instruc ons, or selec ng
the contractor.
Ar cle 1194 Network users and network service providers who, through the network, infringes upon the
civil-law rights and interests of another person shall bear tort liability, unless otherwise provided by law.
Ar cle 1195 Where a network user commits a tor ous act through using the network service, the right
holder is en tled to no fy the network service provider to take such necessary measures as dele on, block,
or disconnec on. The no ce shall include the preliminary evidence establishing the tort and the real iden ty
informa on of the right holder.
A er receiving the no ce, the network service provider shall mely forward the no ce to the relevant
network user and take necessary measures based on the preliminary evidence establishing the tort and the
type of service complained about. Where it fails to take necessary measures in me, it shall assume joint and
several liability for the aggravated part of the damage with the network user.
The right holder who causes damage to the network user or network service provider due to erroneous
no ca on shall bear tort liability, unless otherwise provided by law.
Ar cle 1196 A er receiving the forwarded no ce, the network user may submit a declara on of non-
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