Abstract

Constructing the risk principle in each case the legislator seeks to provide the broadest possible protection of a victim’s interests. The proprietor of an undertaking shall not be liable for a damage if its exclusive cause has been the conduct of a third person for whom the proprietor is not responsible. Although the possibility of shunning liability under Art. 435 of the Civil Code cannot be absolutely dismissed without accurate individualization of the third person, in such case it is necessary, however, to make sufficiently certain that the third person for whom the proprietor of an undertaking is not responsible is the offender and, moreover, that there are no circumstances which would prevent finding that person guilty (Art. 425, 426 of the Civil Code).