Parents’ Liability for Damage Caused by Their Children

Under Article 48(1) of the Bulgarian Obligations and Contracts Act, parents and adoptive parents who exercise parental rights are liable for damage caused by their children who are under the age of majority and live with them. This is a specific form of tort liability arising from wrongful conduct on the part of the parents or adoptive parents: failure to fulfil their duty to bring up and supervise their minor children. Article 48(1) requires proof both of the conditions under Article 45 of the Act and of the fact that the person who caused the damage is the child of the particular parent or adoptive parent who raises the child and exercises parental rights. Under Article 48, parents or adoptive parents are liable only if the children live with them. The parents who exercise parental rights are responsible for their children’s harmful acts and conduct. Their liability is presumed and amounts to a civil-law sanction for failure to fulfil the parental duty to bring up and supervise children under the age of majority.

This article is neither a legal opinion of attorney Elitsa Markova, attorney Mihail Tomov or a lawyer at Markova, Tomov and Partners, nor advice concerning a particular situation or person. For assistance with a case involving a civil wrong, consult a lawyer who practises tort law.