section 2398
Losses caused by non-observance of regulations or by negligence
The Portuguese Civil Code, 1867Losses caused by non-observance of regulations or by negligence The entrepreneurs or those executing constructions, whether owners or contractors for the work, owners of industrial, commercial or agricultural establishments and the companies or individuals constructing roads or railways and other public works, as also operators of transport by steamers or by any other means of transport shall be responsible, transport operators by land or by sea, shall be responsible not only for the damages or losses caused to the property of another but also for the accidents which due to their faults or fault of their agents, may be caused to any person, whether the damages proceed from acts or omissions, if the acts are contrary to the general regulations or to the specific regulations applicable to such works, industries, activities or enterprises and the omissions are in respect of the requirements of the said regulations. § 1 - The same liability shall attach to those who in the execution of the works or the carrying out of the enterprises, professions or trades indicated in this article cause to the properties of others or to persons, any losses or damages, when it is found that they have voluntarily failed to observe the common rules or practices, normally followed to avoid such inconveniences. § 2 - If the fault or negligence or the person affected or of another person contributed for the existence of the damage or prejudice the compensation shall be paid by deducting in the former case and in the latter case apportioned proportionately to the fault or negligence as laid down in Article 2372 (1) & (2).
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