The responsibility of fathers and mothers is a vicarious particular. The second civil chamber of the Court of Cassation in a judgment of ten-nine-February, “BERTRAND” has laid down the principle of the responsibility of full right of the parentsTherefore, parents are responsible for their child, without it being necessary to prove a fault of their own. Thus, they cannot be exonerated by relating the evidence of absence of fault. Article paragraph four of the civil Code: “the father and the mother, as long as they exercise parental authority, are jointly and severally liable for the damage caused by their minor children residing with them. ” The child must live with his parents The Court of Cassation has clarified in a decision of that, in principle, the habitual residence of the child is the home of the parents. In case of alternating custody, it is the two homes that are the habitual residences as well, there is established a joint and several liability. The plenary Assembly of the Court of Cassation in a judgment of the neu fmai “FULLENWARTH” clarified that it was not necessary to prove the fault of the child. In fact, it is simply a fact of the child being the cause of the damage.
