170.32
VGLRCFLResp
CH
CH
Art. 4 Legge federale del 14 marzo 1958 su la responsabilità della Confederazione, dei membri delle autorità federali e dei funzionari federali (LResp)
LResp; Capo II. Responsabilità per danni
Art. 4 LResp
L’autorità competente può ridurre o anche negare il risarcimento se il danneggiato ha consentito all’atto dannoso o se circostanze, per le quali egli è responsabile, hanno contribuito a cagionare o a peggiorare il danno.
Decisioni giudiziarie che applicano questa disposizione (25)
200 2020 506 · be (Art. 4 VG)
Accident Insurer's Claim Against Compensation Fund for Overpayment Barred by Forfeiture Period
Cited in the reasoning as the legal basis for potentially reducing or excluding the liability claim due to contributory fault by the appellant.
A-4514/2021 (Art. 4 VG)
Confederation Liable for Foundation Asset Misappropriation Damages
Used to reduce the Federal State's liability by half due to the foundation's self-inflicted fault.
16.2020.35 · ti (art. 4 LResp)
Agricultural Operator v. Canton (Reimbursement for Inspection Fees)
Cited as the basis for the State's liability concerning acts or omissions of its agents.
16.2020.35 · ti (art. 4 cpv. 1 LResp)
Agricultural Operator v. Canton (Reimbursement for Inspection Fees)
Cited to describe the causal liability of the public entity for unlawful damage caused by a public agent.
A-3757/2016 (Art. 4 VG)
Federal Finance Department Liable for Unlawful Inaction in Foundation Asset Transfer
Allows for the reduction or cancellation of compensation if circumstances attributable to the injured party contributed to the damage or its worsening.
A/1134/2010 · ge (art. 4 LRCF)
Administrator Liability for Unpaid Social Security Contributions Reduced Due to Fund's Fault
Applied analogously, alongside Art. 44 al. 1 CO, to justify the reduction of the damage compensation due to concurrent fault (faute concomitante) of the insurance fund.
A/2695/2010 · ge (Art. 4 LRCF)
Administrator Liability for Unpaid Social Security Contributions
Cited in the reasoning section (Considerant 9a) as an expression of a general principle of civil liability, but not explicitly mentioned in the final orders.
31.2010.6 · ti (art. 4 Lresp)
Liability of Former Board Members for Unpaid Social Security Contributions
This article concerning damage reduction is cited in the reasoning, but it does not appear in the numbered final orders (1, 2, 3).
A/1966/2007 · ge (art. 4 LRCF)
Administrator Liability for Social Security Shortfalls Reduced Due to State Fault
Cited in the context of allowing a reduction of damages due to concurrent fault by the fund, by analogy with general liability principles.
BZ.2004.94 · sg (Art. 4 Abs. 1 VG)
Forfeiture Period for Liability Claim: Stabilization of Damage Knowledge
This provision establishes the one-year forfeiture period for the claim for damages, the expiration of which is the main ground for dismissing the claim.
31.2004.3 · ti (art. 4 Lresp)
Administrator Personally Liable for Unpaid Social Security Contributions
Cited in the reasoning regarding potential reduction of damages, but not explicitly used in the final orders, thus it is excluded based on the rules.
31.2002.18 · ti (Art. 4 Lresp)
Social Insurance Fund v. Former Company Administrator and Director for Unpaid Contributions
Cited in the reasoning regarding potential reduction of damages due to administrative negligence, but not explicitly cited in the final orders (dispositive).
31.2001.38 · ti (art. 4 Lresp)
Compensation Fund v. Former Managing Partners on Social Security Contributions
This article concerning the reduction of liability was mentioned alongside Art. 44 CO in the context of potential reduction of damages, though ultimately irrelevant to the final order.
31.2000.53 · ti (Art. 4 Lresp)
Insurance Fund v. Former Board Members: Liability for Unpaid Social Security Contributions
Cited in the reasoning regarding analogical reduction of liability for the Cassa's fault.
31.2000.20 · ti (art. 4 Lresp)
Social Security Contribution Liability Due to Chronic Non-Payment
Cited in the reasoning regarding potential reduction of liability, but *not* explicitly cited in the final orders.