Article 1697

Where only one of the persons liable has committed a fault, he shall alone ultimately bear the burden of the obligation.

Where the fault has been committed in the performance of his functions by the representative or agent of a body corporate or by a salaried employee, the Court may decide that the obligation shall ultimately be borne, either wholly or partly, by the body corporate or the employer. Where the fault consists in an official fault committed by a public servant or employee, the Court may decide that the obligation shall ultimately be borne, either wholly or partly, by the State or its territorial subdivision or the public service concerned.

In making its decision, the Court takes account of the degree of gravity of the fault committed, and of the author's desire, if any, to carry out his functions to the best of his abilities. No regard shall be had to the respective financial positions of the persons declared liable.

No ultimate division of liability shall be granted by the Court where:

the act giving rise to the liability was committed with intent to cause an injury; or

the act is a penal offence for which the author has been duly convicted.