For the purpose of Article 1640 and 1641, a liability is incurred in the discharge of functions where the faulty act or forbearance was committed with the intention of carrying out such functions.
Civil Code
2015 English source edition · Current applicability not established.
This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur.
Article 1642
Discharge of Functions · Preserved transcription; page attribution imported from the source collection. Verify against the original.
The fact, that the faulty act or forbearance was ultra vires, or that its author was formally forbidden to commit it, does not release the person answerable for him under the civil law, unless the victim knew or ought to have known of that fact.