Commissieven

Commissieven refers to a legal concept primarily found in civil law jurisdictions, particularly in France, Belgium, and other countries influenced by French law. It describes a type of tortious liability where harm is caused not by a direct action of an individual, but by their failure to act when they had a legal duty to do so. This failure to act is often described as an omission. The core idea is that certain individuals or entities have specific responsibilities, and if their inaction leads to damage for which they could have reasonably prevented, they may be held liable.

The concept of commissieven is distinct from direct liability, which arises from a positive act causing harm. Instead, it focuses on the consequences of a deliberate or negligent failure to fulfill a pre-existing duty. For commissieven to be established, there must typically be a legal or contractual obligation to act, a failure to perform that obligation, a causal link between the omission and the resulting damage, and actual harm suffered by another party. This principle is often applied in situations involving public authorities, employers, or individuals with supervisory roles. For example, a municipality might be liable for damages caused by a poorly maintained public road if it had a duty to ensure road safety and failed to address the hazard. The extent and application of commissieven can vary significantly based on specific legislation and judicial interpretation within different legal systems.