On Sep. 25, BEL FEB reported on new book 6 of the civil code.
BEL FEB stated newly adopted book 6 of civil code is a major milestone in liability law.
One of the most notable changes is the abolition of the quasi-immunity of auxiliaries.
Important consequences for the different types of auxiliaries and their risk of liability.
Quasi-Immunity
Traditionally, auxiliaries, such as subcontractors, employees, directors, and parties involved in the performance of a contract, have enjoyed some protection from liability.
This quasi-immunity meant that, in principle, they could not be held liable for damages caused by mistakes made in the course of their work, as long as those mistakes did not constitute a criminal offense or a breach of the standards of care.
With the introduction of new Book 6, this protection of enforcement agent is abolished.
Auxiliaries can be held directly liable, on non-contractual basis, for faults they commit.
Amendment is intended to strengthen the position of the injured party and ensure that they have a wider range of options to obtain redress.
Instead of turning exclusively to the main contractor, the injured party can now take action directly against the vicarious agent responsible for the damage caused.
Suppression of quasi-immunity has varied implications depending on type of auxiliary.
The removal of quasi-immunity for auxiliaries also has important implications for the main contractors, such as employers and contractors.
While they can still be held liable for faults of auxiliaries, the latter can now, in some cases, be directly sued by injured party to repair the damage resulting from a failure.
Effectiveness
These new rules will come into force on Jan. 1, 2025 and will apply to events that occur on or after that date, even if the liability is based on pre-existing contracts.
