Ar cle 1205 Where a defect of a product endangers the personal or property safety of another person, the
infringed person has the right to request the manufacturer or seller to bear tort liability, such as in forms of
cessa on of the infringement, removal of the nuisance, or elimina on of the danger.
Ar cle 1206 Where a defect of a product is discovered a er the product is put into circula on, the
manufacturer or seller shall take remedial measures such as stopping sales, providing warnings, or recalling
the product in a mely manner. The manufacturer or seller, who fails to take remedial measures in a mely
manner or take ine ec ve measures so that the damage is aggravated, shall be liable also for the aggravated
part of the damage.
Where a product is recalled in accordance with the preceding paragraph, the manufacturer or seller shall
bear the necessary expenses incurred by the infringed person.
Ar cle 1207 Where a manufacturer or seller manufactures or sells a product knowing that the product is
defec ve, or failing to take remedial measures in accordance with the provisions of the preceding Ar cle, so
that death or serious physical harm is caused to another person, the infringed person has the right to request
for the corresponding puni ve damages.
Chapter V Liability for Motor Vehicle Accidents
Ar cle 1208 Where a motor vehicle is involved in a tra c accident which causes damage, the liability for
compensa on shall be assumed in accordance with the relevant provisions of the laws on road tra c safety
and this Code.
Ar cle 1209 Where the owner, manager, or user of a motor vehicle are not the same person in leasing,
borrowing, or the other like situa ons, and a tra c accident occurs and causes damage to another person,
the user of the motor vehicle shall bear the liability for compensa on where the liability is a ributed to the
motor vehicle driver, and the owner or manager of the vehicle who is at fault shall assume the corresponding
liability for compensa on.
Ar cle 1210 Where a party has transferred and delivered a motor vehicle by way of sale or other means but
fails to le for registra on, the transferee of the motor vehicle shall bear the liability for compensa on if
damage is caused as a result of a tra c accident and the liability is a ributed to the motor vehicle driver.
Ar cle 1211 Where a person uses his motor vehicle in associa on with an en ty to engage in the business of
road transporta on, if damage is caused as a result of a tra c accident and the liability is a ributed to the
motor vehicle driver, the person and the en ty shall assume joint and several liability for compensa on.
Ar cle 1212 Where a person drives another person's motor vehicle without authoriza on, the user of the
motor vehicle shall bear the liability for compensa on if damage is caused as a result of a tra c accident and
the liability is a ributed to the motor vehicle driver; the owner or manager of the motor vehicle shall bear
the liability for compensa on if he has fault which contributes to the damage, unless otherwise provided in
this Chapter.
Ar cle 1213 Where damage is caused to another person as a result of a tra c accident and the liability is
a ributed to the motor vehicle driver, the insurer that underwrites the compulsory motor vehicle insurance
shall make compensa on within the limit of the insured liability. The de ciencies shall be paid by the insurer
that underwrites the commercial motor vehicle insurance in accordance with the s pula ons of the
insurance contract. Any remaining balance or the part not covered by any commercial motor vehicle
insurance shall be paid by the tor easor.
Ar cle 1214 Where damage is caused as a result of a tra c accident involving a motor vehicle that has been
illegally assembled or has reached the end-of-life standard which is transferred by way of sale or by other
ti
ti
ti
ffi
ti
ffi
tt
tt
ti
ti
ti
ti
ti
ffi
fi
tt
ti
ti
ti
ffi
ft
ffi
ffi
ti
ffi
ti
ffi
ti
tf
ti
ti
ti
ti
ti
ti
ff
ti
ti
tt
ti
fi
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
tt
130
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières