Artikel 9:101 Solidary and several liability: relation between victim and multiple tortfeasors

Geldend

Documentgegevens:

Geldend vanaf 20-05-2005

Bronpublicatie:: 20-05-2005, Internet 2005, www.egtl.org (uitgifte: 20-05-2005, kamerstukken/regelingnummer: -)
Inwerkingtreding: 20-05-2005
Bronpublicatie inwerkingtreding:: 20-05-2005, Internet 2005, www.egtl.org (uitgifte: 20-05-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Verbintenissenrecht / Onrechtmatige daad

(1)

Liability is solidary where the whole or a distinct part of the damage suffered by the victim is attributable to two or more persons. Liability is solidary where:

a): a person knowingly participates in or instigates or encourages wrongdoing by others which causes damage to the victim; or
b): one person's independent behaviour or activity causes damage to the victim and the same damage is also attributable to another person.
c): a person is responsible for damage caused by an auxiliary in circumstances where the auxiliary is also liable.

(2)

Where persons are subject to solidary liability, the victim may claim full compensation from any one or more of them, provided that the victim may not recover more than the full amount of the damage suffered by him.

(3)

Damage is the same damage for the purposes of paragraph (1)(b) above when there is no reasonable basis for attributing only part of it to each of a number of persons liable to the victim. For this purpose it is for the person asserting that the damage is not the same to show that it is not. Where there is such a basis, liability is several, that is to say, each person is liable to the victim only for the part of the damage attributable to him.