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Case:
D. 1873, III, 20 Case Blanco
Date:
08 February 1873
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

D. 1873, III, 20
Case Blanco

8 February 1873

Given that M. Blanco brought suit against the prefect of the department of the Gironde, as representing the state, for a declaration that the state was civilly liable under articles 1382, 1383 and 1384 of the Code civil for the damage suffered by his daughter as a result of the conduct of workers employed by administrationdes tabacs;

Given that the principles in the Code civil which regulate the relations between individuals are inapplicable to the possible liability of the state for damagedone to individuals by persons employed in the public service;

Given that the responsibility of the state, being neither general nor absolute, is subject to special rules which vary depending on the exigencies of the publicservice and the need to reconcile the rights of the state with the rights ofprivate persons;

Given that accordingly, under the laws cited above, the jurisdiction to determine such matters is vested exclusively in the administration …. (Decision ofthe Tribunal de Conflits upheld).

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