{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1608","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Restraint of Liberty","number":"1608","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/","hierarchy":{"book":"BOOK V - OBLIGATIONS","title":"TITLE II - NON-CONTRACTUAL OBLIGATIONS","chapter":"Chapter 1. - Extra-Contractual Liability","section":"Section 1. - Liability Based On Fault.","paragraph":"Paragraph 2. - Special Cases"},"paragraphs":[{"id":"p1","number":"1","text":"A person commits a fault where, without lawful authority, he restrains the liberty of another person, even for a short time, and prevents him from moving about as he is entitled to do.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":452,"url":"https://eriatlas.com/sources/civil-code-2015/page/452/?article=1608&paragraph=p1#article-1608-p1"}]},{"id":"p2","number":"2","text":"In such case, the fault is committed notwithstanding that no contact is made with the plaintiffs body.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p2#article-1608-p2"}]},{"id":"p3","number":"3","text":"It is sufficient for the plaintiff to have been compelled to behave in a certain manner by the threat of a danger of which he had to heed.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p3#article-1608-p3"}]},{"id":"p4","number":"4","text":"No fault shall be deemed to have been committed where:","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p4#article-1608-p4"}]},{"id":"p4a","number":"a","parentId":"p4","text":"the restraint has been applied in a reasonable manner to a person placed by law under the authority of the defendant and for the purpose of exercising such lawful authority; or","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p4a","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p4a#article-1608-p4a"}]},{"id":"p4b","number":"b","parentId":"p4","text":"the person who has restrained the liberty of another had good reason to believe that the latter had committed a penal offence. Nevertheless, the restraining person is liable if he fails forthwith to hand over the restrained person to the police.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p4b","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p4b#article-1608-p4b"}]},{"id":"p5","number":"5","text":"A person who has provided bail for another, guaranteeing to the authorities that the latter will reside in a certain place, may lawfully restrain the liberty of the person on bail where he has good reason to believe that he is preparing to abscond.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1608/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":453,"url":"https://eriatlas.com/sources/civil-code-2015/page/453/?article=1608&paragraph=p5#article-1608-p5"}]}],"caution":"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."}