Civil Liability for Breach of Obligation: What Are the Regulations?

How is Civil Liability for Breach of Obligations Specified?

According to the current provisions of the Civil Code 2015, civil liability for breach of obligations is specified as follows:

- The obligor who breaches the obligation must bear civil liability to the obligee.

- Breach of obligation is the failure to perform the obligation on time, inadequate performance of the obligation, or incorrect performance of the obligation's content.

- In the event the obligor does not perform the obligation due to a force majeure event, they shall not bear civil liability, except where otherwise agreed upon or provided by law.

- The obligor does not bear civil liability if they can prove that the non-performance of the obligation is entirely due to the fault of the obligee.

Civil liability for breach of obligations is prescribed in Article 351 of the Civil Code 2015.

How is a Legal Entity's Civil Liability Specified?

According to the current provisions of the Civil Code, the civil liability of a legal entity is specified as follows:

- A legal entity must bear civil liability for the fulfillment of civil rights and obligations established and performed by its representative on behalf of the legal entity.

- A legal entity bears civil liability for obligations established and performed by its founders or their representatives in order to found and register the legal entity, except where otherwise agreed upon or provided by law.

- A legal entity bears civil liability with its own assets; it does not bear liability for the obligations of its agents established and performed not on behalf of the legal entity, except where otherwise provided by law.

- Agents of a legal entity do not bear civil liability on behalf of the legal entity for obligations established and performed by the legal entity, except where otherwise provided by law.

The civil liability of a legal entity is prescribed in Article 87 of the Civil Code 2015.

Sincerely!