Abstract

When assessing a victim’s contribution to the loss the fact that the victim failed to exercise due diligence is analysed always when liability in torn is based on fault. The measures provided for in Art. 355 of the Civil Code may also be applied when assessing a victim’s contribution when liability is based on risk. In that case contribution may be evidenced by an objectively incorrect behaviour, while an objectivised element of the notion of due diligence is exposed. Therefore, it is assessed whether the victim’s action or omission was appropriate or not.