Cassation v23 152417

Art. 2141 – Burden of Proof.

The victim of the injury shall establish the amount thereof and prove the circumstances which render
the defendant liable to make it good.

Art. 2102.- 4. Difficulty of assessment.

(1) Where the exact amount of the damage cannot be calculated, the court shall fix it equitably, taking
into account the ordinary course of events and the measures taken by the injured party.

(2) No indemnity may be awarded in respect of a damage of which the very existence, and not only
the amount, is doubtful.

Paragraph 1. General rules

Art. 2028.- General principles.

Whosoever causes damage to another by an offence shall make it good.

Art. 2066.- Necessity.

(1) A person shall be liable for any damage he deliberately causes to another in order to save himself
or another from an imminent damage to person or property.

(2) No liability shall be incurred where the damage is due to the victim’s fault.

Art. 2152 – No appeal.

No appeal shall lie against the judgment of the court of first instance relating to the amount of damages
to be paid.

Art. 2153 – Exceptions.

The provisions of Art. 2152 shall not apply where:

(a) the court has taken into consideration circumstances which it should not have taken into account
or has failed to take into consideration circumstances which it should have taken into account; or

(b) the amount of damages fixed by the court is manifestly unreasonable and could only have been
inspired by prejudice or improper motive; or

(c) the amount of damages is due to an error of calculation on the part of the cour
Art. 2090.- Modes of compensation.

(1) Unless otherwise provided, the damage shall be made good by awarding the victim an equivalent
amount in damages.

(2) The court may, subject to eh liberty of persons and to the rights of third parties, order in lieu of or
in addition to damages any appropriate measures to make good or limit the damage.

Art. 2091.- Extent of damages.

The damages due by the person legally declared to be liable shall be equal to the damage caused to the
victim by the act giving rise to the liability.

Art. 2092.- Future damage.

A future damage which is certain to occur shall be made good without waiting for it to materialise.

Art. 2095.- Fatal accidents. -1. Rights of certain next of kin.

(1) In the case of a fatal accident, the spouse of the victim, his ascendants and his descendants may
claim compensation on their behalf for the material damage they have suffered as a result of his death.

(2) In this case the compensation for the damage shall be in the form of a maintenance allowance.

(3) The maintenance allowance shall be due notwithstanding that the plaintiffs have relatives whom
they can ask to support them.

Art. 2101.- 3. Unforeseeable damages.

(1) The court may, where equity so requires, reduce the compensation to be paid by a person who
caused a damage which, in consequence of unforeseeable circumstances, expanded beyond what could
reasonably be expected.

(2) No reduction ma be ordered under sub-art. (1) where the damage arises from an

intentional offence.

Cassation 88432

Art. 2069.- Dangerous activities. -1. Principle.

(1) A person who exposes another to abnormal risk, by using or storing explosive or poisonous
substances, or by erecting high-tension electric transmission lines, or by modifying the lie of the land, or
by engaging in an exceptionally dangerous industrial activity, shall be liable where the danger he has
created materializes, thereby causing damage to another.
(2) The provision of sub-art. (1) shall apply notwithstanding that the author of the danger is the State
or has received an authorization form the public authorities

1q

Lmq