Tort law at Albania
Tort law in Albania is primarily governed by the Civil Code of the Republic of Albania, which was approved by Law No. 7850 on July 29, 1994. The relevant provisions are found in Title IV, Chapter I of the Code, which addresses obligations resulting from the causing of damage. These provisions establish the framework for liability, compensation, and defenses related to tortious acts.
Key Provisions of Albanian Tort Law
1. General Principles of Liability
Article 608 establishes that a person who illegally and faultily causes damage to another is obliged to compensate for that damage. The person is not liable if they prove their innocence. Damage is considered illegal when it results from the violation of the interests and rights of another person, protected by law, judicial order, or custom.
Article 609 requires that the damage must be an immediate and direct consequence of the person's action or inaction. If a person has a legal obligation to prevent a certain event and fails to act, they are liable for the resulting damage.
Article 610 invalidates agreements that preliminarily exclude or limit the liability of a person who has caused damage wrongfully.
2. Defenses and Exemptions
Article 611 exempts a person from liability if they cause damage while defending themselves or a third person.
Article 612 provides that a person who causes damage while being forced by circumstances to save themselves or others from a momentary risk of heavy damage is obliged to compensate for the damage. However, the court may discharge this person completely or partially from the obligation, considering the special circumstances of the event.
3. Liability of Minors and Others
Article 613 states that minors under 14 years old and the physically and mentally handicapped are not liable for the damage they cause. Parents, tutors, or persons who supervise these individuals are liable for the damage caused by their illegal actions, unless they prove they could not have avoided the damage.
Article 614 holds minors over 14 years old liable for the illegal damage they cause. Parents or tutors are liable if the minor does not earn income or has no property, unless they prove they could not have prevented the damage.
4. Employer and Representative Liability
Article 618 makes an employer liable for damages caused to third persons by employees during the exercise of their duties. A juridical person is also liable for damage caused by its organs during the performance of their duties.
Article 620 holds a person liable for damages caused by their representative's wrongful acts during the exercise of the powers assumed. The person represented is also liable to the third person.
5. Product Liability
Article 628 establishes that a manufacturer is liable for damage caused by defects in their products, with certain exceptions. These exceptions include situations where the manufacturer did not put the product into circulation, the defects did not exist at the time of circulation, or the product was not manufactured for sale or distribution.
Article 630 defines a product as defective when it does not deliver the expected guarantee, considering factors like appearance, reasonable use, and the time of circulation.
6. Environmental and Non-Property Damage
Article 624 holds a person liable for wrongful damage to the environment, requiring compensation for the harm caused.
Article 625 allows compensation claims for non-property damage, such as injury to health or harm to honor, and for the desecration of the memory of a deceased person by their spouse or close relatives.
7. Joint and Several Liability
Article 626 states that when damage is caused by multiple persons together, they are jointly and severally liable to the damaged person. The person who has compensated the damage has the right to seek restitution from each responsible party in proportion to their level of responsibility.
8. Compensation for Damage
Article 640 provides that compensation for property damage includes the damage caused and the expected profit. Expenses reasonably incurred to avoid or reduce the damage are also compensable.
Article 641 extends compensation to damages caused to a person's health, considering factors like loss or reduction of working capabilities and medical expenses.
Article 643 addresses compensation in cases of death, covering living and nutrition expenses for dependents and funeral expenses.
Article 644 allows the court to include any significant profit gained by the wrongdoer in the calculation of damage compensation.
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