Tort Liability for Offenses Committed by a Minor Stepchild

Abstract

     When an offense of infringement is committed by a minor under Section 420 of the Civil and Commercial Code, The parents of this minor shall be jointly liable for the consequences of the committed under Section 429. In the case that either father or mother are remarried, the custody power of the child shall remain with the parents to whom the child is accompanied by the rules of Section 1568, provided that the stepfather and stepmother have no joint custody of this minor stepchild. For this reason, the stepfather and stepmother are not jointly liable for the consequences of violations under section 429 even though the Child Protection Act 2003 section 4 stipulates that the stepfather and stepmother are considered guardians as well. 

          In addition, the law does not stipulate legal duties for the stepfather and stepmother to take care, support, educate and develop a stepchild who is a minor. As follows, the stepfather and the stepmother are not jointly liable for the offense under Section 430. Therefore, if the parent can prove that he or she has exercised reasonable care in taking care of the child as far as possible done and the stepfather and stepmother are not a custodian under Section 430. An injured person whose rights have been affected by the infringement by a stepchild who is a minor shall not be compensated.

           For that reason, Section 430 of the Civil and Commercial Code should be amended to make it clear that the stepfather or stepmother is legally obligated to take care of a stepchild who is a minor of the other party and is jointly liable for tort liability for offenses committed by a minor stepchild.