Liability for the acts of another under the Obligations and Contracts Act

Under Article 49 read with Article 45 of the Bulgarian Obligations and Contracts Act, a person who entrusts work to another is liable for harm that the latter causes in the course of or in connection with that work.

Liability under Article 49 is for another person’s wrongful, culpable conduct and serves as a guarantee of compensation (Supreme Court Plenary Resolution No. 7/1958). It requires harm to the claimant, caused by a person to whom the defendant entrusted work, in the course of or in connection with that work. It does not depend on fault on the part of the person who entrusted the work. That person may escape liability if it is established that the person entrusted with the work caused no harm, that their conduct was not culpable and unlawful, or that the harm did not arise in the course of or in connection with the work.

Article 49 applies where the person entrusted with the work culpably causes damage by acts constituting performance of the work or by failing to discharge duties arising from legislation, technical or other rules, or the nature of the work (Supreme Court Resolution No. 17/1963). It also applies where culpable acts do not themselves constitute performance but are directly connected with it: the damage then arises in connection with the work. Liability under Article 49 also arises where the person causing the harm disregarded instructions or breached the applicable rules for carrying out the assigned work (Supreme Court Plenary Resolution No. 9/1966).

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with a similar case, consult a lawyer.