Chapter Second: Compensation Amount and Its Nature

Article 134

Art. 134 - The compensation due to the victim of a tort or a quasi-tort must, in principle, correspond to the entirety of the damage they have suffered. Moral damage is taken into account as well as material damage. The judge may consider the interest of affection when it is justified by a legitimate blood relationship or alliance. Indirect damages must be taken into consideration, provided they are clearly related to the tortious or quasi-tortious act. In principle, only current damages, which have already been incurred, are taken into account for the calculation of compensation. Exceptionally, the judge may consider future damages if, on the one hand, their occurrence is certain and if, furthermore, they have the means to assess their exact importance in advance.

Article 135

Article 135 - When the victim had committed an act that, without eliminating the defendant's responsibility, mitigated it to some extent, there is a need to apportion responsibility by moderating the compensation awarded to the victim.

Article 136

Article 136 - In principle, compensation takes a pecuniary form; it is awarded in damages but it is up to the judge to give it a more suitable form to the interests of the victim; it then intervenes in kind; it may consist notably in insertions through the press.

Article 137

Article 137 - When damage has been caused by several persons, passive solidarity exists among them: 1 - If there was joint action; 2 - If it is impossible to determine the proportion in which each of these persons contributed to the damage.

Article 138

Article 138 - No one can fully or partially exempt themselves from the consequences of their fraud or gross fault by means of a non-responsibility or attenuated responsibility clause. Any clause inserted for this purpose in any document whatsoever is null and void.

Article 139

Article 139 - Clauses of non-liability or fixed clauses are valid to the extent that they aim to release the stipulator from the consequences of their act or unintentional fault, but only in relation to material damage and excluding any harm caused to individuals, with human life and personal integrity being above conventions.