Owner Liability in Vehicle Lease Custody Dispute

A driver, operating a vehicle owned by another party under a contract of lease with option to purchase, was involved in an accident due to driving on the wrong side of the road, resulting in damage to a third party's property. The owner, who retained legal title to the vehicle, was sued alongside the driver for civil liability based on the provisions governing custodian liability for damage caused by things in one's keeping. The Court of Cassation overturned the lower court's decision, reasoning that the driver, who had taken possession of the vehicle under a lease agreement allowing for eventual purchase, was the true custodian of the vehicle at the time of the accident, as custody implies the power of use, direction, and control, which was transferred to the lessee, thus absolving the legal owner who retained only the right of ownership.