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dc.contributor.authorGrech, Alfred-
dc.identifier.citationGrech, A. (1973). The ‘ratio' behind article 2049 of the Italian civil code. Id-Dritt, 3, 15-18.en_GB
dc.description.abstractTraditionally, the responsibility of the Master for damages caused by his servant has been an acknowledged principle of Civil Law. The basis of this responsibility is the Roman Law principle 'qui facit per alias facit per se’ which has been reproduced in modem times, subject to exigencies of time and place. The Maltese Civil Code embodies the principle in section 1080; the English system accepts it under the doctrine of vicarious liability, and the Italian Code of 1865 followed the Code Napoleon in a similar provision in section 1153. The 1942 Civil Code says much the same thing in article 2049: 'I padroni e I committenti sono responsabili per i danni arrecati dal fatto illecito dei loro domestici e commessi nell'esercizio delle incombenze a cui sono adibiti’. Materially there is no difference between section 1153(s) of the older Code and the provision of section 2049. The difference is one of principle in that the responsibility of Masters and Employers, founded on a different concept than that of parents and tutors is dealt with in a separate section.en_GB
dc.publisherGħaqda Studenti tal-Liġien_GB
dc.subjectLaw -- Casesen_GB
dc.subjectCivil law -- Italyen_GB
dc.subjectCivil law -- Maltaen_GB
dc.titleThe ‘ratio' behind article 2049 of the Italian civil codeen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holderen_GB
Appears in Collections:Id-Dritt : Volume 03 : December 1973
Id-Dritt : Volume 03 : December 1973

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