Dear Client,
Because you’re entitled to transparent communication, we draw your attention to our new general terms and conditions that will frame our cooperation as of 01 January 2025.
These take into account the new tort law (Book 6 of the new Civil Code) that will enter into force as of that day and specifically the abolition of the quasi-immunity of auxiliary persons.
Our associates are charged - in whole or in part - with the execution of the engagement that Cazimir enters into with you and therefore qualify as auxiliary persons.
Since our associate is not a party to the agreement between you and Cazimir, under the old liability regime, you could not address him/her directly in the event of a contractual breach or fault.
Only if the contractual shortcoming or fault also constituted a crime, a tort claim against the associate had a chance of success.
If you were to consider that the general standard of care would not have been respected, the new liability regime allows you to address our associate directly on a tort basis.
However, Book 6 is supplementary in nature, which means that it is legally permitted to deviate contractually from the basic principles.
The associates and Cazimir have always felt comfortable within the old regulatory framework and choose to maintain these principles.
This is why a clause has been inserted in Article 14 § 3 of the general terms and conditions whereby you waive any tort liability claim.
We advise you to carefully read our general terms and conditions, which you can consult here on our website.
Convinced that our approach offers you as much comfort as it offers our associates, team Cazimir remains available to provide clarification where necessary.