The introduction of Book 6 of the new Civil Code brings sweeping changes to Private Life Liability Insurance. The new rules regarding the liability of minors and their parents have direct consequences for insurers. In this article, we discuss the key changes and their impact on the insurance sector.
Revolutionary Change: The 12-Year Threshold
The most significant change introduced by Book 6 is the implementation of a strict age limit of 12 years. Where previously the child’s capacity for discernment was considered (the “age of reason”), there is now a clear rule: children under 12 cannot be held personally liable for damage they cause.
This change finally brings the legal certainty the sector has long awaited. No more discussions about the discernment capacity of an 8- or 9-year-old – the boundary is clear.
New Regulations for Those 12 and Older
For minors aged 12 and above, the new code introduces a system of relative liability. These young people are, in principle, liable for their actions, but the court has the ability to:
- Limit compensation
- Fully exempt the minor from liability
Important for insurers: this moderation authority does not apply when the liability is covered by insurance. In such cases, the obligation for full compensation remains.
Stricter Liability for Parents
Another important change concerns the liability of parents and other authority figures. The new law introduces strict liability for:
- Parents
- Adoptive parents
- Guardians
- Foster parents
This liability automatically applies to damage caused by minors under 16. Only for those 16 and older can authority figures still demonstrate that the damage was not the result of their fault.
Impact on Insurers
1. Coverage Obligation
The new legislation has direct consequences for Private Life Liability insurers’ coverage obligations:
- Intentional acts or gross negligence by minors can no longer be opposed to the injured party
- The expanded qualitative liability of authority figures leads to broader coverage obligations
2. Recourse Possibilities
Recourse possibilities are limited:
- The right of recourse against minors is capped at 31,000 EUR
- In cases of intentional damage by a minor, recourse against co-liable parties is excluded
3. Premium Policy
The impact on premiums appears limited for now:
- Most insurers currently only distinguish between singles and families
- Claims history usually doesn’t play a role in acceptance
Practical Recommendations for Insurers
- Review Policy Conditions
- Check exclusions for intentional acts and gross negligence
- Adjust age limits to the new legal framework
- Adjust Claims Procedures
- Implement new rules regarding non-opposability
- Review recourse procedures according to new limitations
- Risk Management
- Evaluate impact on portfolio
- Closely monitor claims involving minors
Conclusion
The changes in Book 6 CC bring both challenges and opportunities for insurers. While the impact on premium policy may remain limited, the new rules do require a thorough review of policy conditions and procedures.
Need Expertise?
Do you have questions about the impact of Book 6 CC on your insurance portfolio? As a specialized law firm in liability and insurance law, Amankwah Law is ready to advise you. Contact us for a free consultation about:
- Implementing the new rules
- Adjusting your policy conditions
- Specific questions regarding minors’ liability