NON-LIABILITY AGREEMENTS WITHIN THE SCOPE OFNon-Liability Agreement • July 19th, 2019
Non-liability agreements are agreements that lim- it or eliminate the liability of an obligor and that is established before the obligor breaches his/her contractual obligations. However, the legislator im- posed some limitations on non-liability agreements in order to prevent an imbalance of power between the parties to the detriment of one of the parties. As a rule, contracts stating that the obligor is not re- sponsible for gross negligence are invalid; howev- er, in cases of an occurrence of liability by service contract between the parties or where a special- ized field activity is conducted with permission of a competent authority, non-liability agreements re- garding slight negligence of the obligor are certain- ly considered valid. Further, if a contractual liability is considered as a tortious act, a non-liability agree- ment is valid also for tortious liability in accordance with the dominant opinions of the doctrine.
