Robert Joseph Pothier

'Ac primo quidem admonendi sumus, dominos ac patres in solidem teneri ex delictis famulorum ac filiorum... quoties illi delinquerunt in officio aut ministerio, cui a patre dominove fuerunt praepositi' (Firstly then we must take warning that masters and fathers are held liable in solidum on the wrongdoings of domestic servants and of sons...

so often as those persons have done wrong in the duty or service in charge of which they were put by father or master.)⁸⁸ This was the general rule formulated by Voet around the turn of the seventeenth to the eighteenth century. A few decades later Robert-Joseph Pothier was also inspired by some of the Roman texts to state the same principle in his Trait# des obligations ('Quiconque a commis quelqu'un a quelque fonction est responsable des delits et quasi-delits que son prepose a commis dans 1'exercice des functions auxelles il etait prepose')⁸⁹ and thus to lay the foundations of art. 1384 code civil The idea of a generalized but functionally limited vicarious liability was clearly 'in the air'.

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Source: Zimmermann R.. Roman law, Contemporary law, European law. Oxford University Press,2004. — 113 p.. 2004

Robert Joseph Pothier

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