Aime Banza Ilunga

Limitation of vicarious victims in modern reparation law Aime Banza Ilunga

If to date, the notion of vicarious damages is not equivocal and has evolved, the question of limiting the number of victims remains difficult to resolve from the moment the damage affects several people at the same time. On this subject, the effort consisted in this study, on the one hand, to categorize two modern criteria of reference: the family ones (kinship, alliance, alimony, etc.) and the extra-familial ones (feeling of affection and assistance, contractual relation, established commercial relation, etc.) which can contribute to the definition of the victim. ) which can contribute to an equitable compensation of indirect victims and on the other hand, to proclaim the official and express integration of the notion of loss by ricochet in the Congolese Civil Code, Book III, because it has an exact scope to date. The criteria of limitation, the list of relatives and other proposals formulated in this analysis, constitute a kind of compass that will guide the judges in the realization of their noble mission of rendering justice in this field where groping is still present.