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173.11 STPGLPERLPS CH-JU

Art. 63 Law on State Personnel (LPer)

1. État, peuple, Authorities » 17. Authorities » 173. Members of the Authorities, "Officials and Employees"
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Art. 63 Law on State Personnel (LPer)

1 The State is liable for damage unlawfully caused to a third party by an employee in the performance of their duties.

2 The injured party has no claim against the employee.

3 The action for damages is subject to a statute of limitations of three years from the day the injured party became aware of the damage, and in any case, ten years from the day the harmful act occurred or ceased. In cases of death or bodily injury, it is subject to a statute of limitations of three years from the day the injured party became aware of the damage and, in any event, twenty years from the day the harmful act occurred or ceased.

4 When a third party claims damages, the State shall immediately inform the employee.

5 When it is required to compensate for the damage caused, the State has a right of recourse against the employee who committed a fault either intentionally or through gross negligence, even after the termination of the employment relationship. The action is subject to a statute of limitations of three years from the day the State's liability was recognized by judgment, settlement, acknowledgment, or in another manner.

← Art. 62B State Personnel Act (SPA) 1. État, peuple, Authorities » 17. Authorities » 173. Members of the Authorities, **Civil Servants and Employees** Art. 64 State Personnel Act (SPA) →

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Court Decisions Applying This Provision (1)

ADM 2011 24 · ju (art. 63 al. 1 LPer)
State Liability for Official's Fraudulent Investment Scheme
This article states that the State is liable for damage caused unlawfully to a third party by an employee in the exercise of their duties, similar to the abrogated LStMF.