Article 401. Framework for liability for breach of an obligation

1. A person who has failed to perform or who has failed to do so in an improper manner shall be liable on the basis of fault (intention or negligence), unless the law or the treaty so requires. A person is presumed innocent if, with the degree of care and care required of him or her by the nature of the obligation and the conditions of trafficking, he or she is otherwise presumed innocent. 2. The absence of guilt shall be proved by the person in breach of the obligation. and who has not properly performed the obligation in the course of the course of the business, is liable unless it proves that due process has not been possible due to Such circumstances do not include, inter alia, breach of obligations on the part of the parties. a. Lack of marketable goods, lack of necessary money from the debtor. 4. Pre-existing agreement to eliminate or limit liability for intentional The breach of the obligation is null and void.