Article 1.

The dispositions of the present law are only applied to the public service members of the State, of the Municipality or of a public establishment who are nominated in a permanent employment and confirmed in a grade or who are charged of functions consisting in the execution of a similar public service.

However, the present law is not applicable to the judges of all orders and to the magistrates of the Public Ministry mentioned at article 460 of the Civil Procedure Code, to the ministerial officers and to everyone whose responsibility is regulated by special texts.

The persons to which are applicable the dispositions of the present law are in the following articles, designated by the term of public service member.

Article 2.

No public service member can be declared civilly responsible, either toward the Administration, either toward third parties only if resulting from their personal fault.

Article 3.

Personal fault is the one that is unrelated with the service.

Is equally considered as a personal fault which that even though it is related with the service, is unrelated to it by the reason of its abnormal gravity or the intention of causing harm or of the personal interest that is engaged.

Article 4.

The third party victim of a personal fault of a public service member unrelated with the service can, apart from its recourse against the public service member, ask for a reparation of the prejudice, for its totality, to the Administration.

It is the same in the case where a fault of service has participated with the personal fault of the public service member to the production of the damage.

The action directed against the Administration and that directed against the public service member can be engaged independently or concurrently.

The Administration and the public service member are jointly responsible toward the interested.

Article 6.

When the damage is imputable only to the personal fault of the public service member or when the public service member cannot invoke the fault of service on the foundation on which the Administration is prosecuted by the victim, the definitive charge of reparation wall, for its totality, to the public service member.

When the damage has been produced jointly by the personal fault of the public service member and by the fault of service by the Administration of which the public service member can legitimately invoke, the definitive charge of reparation is distributed on a pro-rata basis of the part taken by each in the faults in the production of the damage.

Article 6.

The proportions under which the public service member and the Administration must contribute to the definitive charge of the reparation that results, if applicable, from the decision of justice stating on the demand from the victim when the Administration and the public service member have figured in the instance and that their conclusions have given the judges means to statute on their proportions.

By default of such decision, it belongs to the public service member as well as to the Administration to engage recourse actions against each other in order to apportion the definitive charge of the reparation.

Article 7.

An action in responsibility directed against a member of Government in reason of a personal fault unrelated with their functions is only receivable with the authorization of the Sovereign Princess on the advice of the Council of State ; however, this authorization in not necessary for the acceptability of the action directed against the State.

Article 8.

The civil responsibility of public service members is independent of their penal responsibility and their disciplinary responsibility.