Tort law at Belarus
Tort law in Belarus is primarily governed by the Civil Code of the Republic of Belarus, which encompasses provisions related to civil liability, compensation for harm, and the protection of personal rights.
⚖️ Legal Framework
The Civil Code of Belarus serves as the cornerstone of civil law, including tort law. It outlines the principles of civil rights, obligations, and liabilities. Key provisions relevant to tort law include:
Article 14: Addresses the compensation of losses, defining them as both real damage (expenses incurred to restore a violated right) and lost profits (revenues not received due to the violation). It establishes the right to full compensation unless otherwise stipulated by law or contract.
Article 15: Specifies that losses caused by illegal actions or omissions of state bodies or local authorities are subject to compensation by the state or respective administrative units.
Article 152: Allows individuals to claim monetary compensation for moral harm caused by actions infringing on personal non-property rights, such as physical or moral suffering. The court considers the degree of fault and the extent of suffering when determining compensation.
Article 153: Provides the right to demand the refutation of defamatory information that harms one's honor, dignity, or business reputation. This includes the publication of a reply in the same media outlet if the information was disseminated there.
🏥 Medical Liability
In Belarus, medical malpractice is addressed under general civil and consumer protection laws:
Deficient Pharmaceuticals: If harm is caused by defective pharmaceuticals, the seller or manufacturer is liable for full compensation, regardless of fault or contractual relationships.
Medical Malpractice: Negligent or inattentive behavior by healthcare professionals may lead to liability. However, bona fide mistakes (e.g., newly diagnosed allergies) may not imply fault and thus not lead to liability. Criminal liability can be excluded if certain conditions are met, such as actions aiming to save life and health, adherence to modern medical standards, and reasonable belief that all preventive measures were taken.
📝 Recent Amendments
In November 2023, significant amendments were made to the Civil Code, affecting various aspects of civil law, including tort law. These changes are set to take effect on November 19, 2024. The amendments aim to modernize and improve the legal framework governing civil obligations and liabilities.
📚 Accessing the Civil Code
The full text of the Civil Code of the Republic of Belarus is available through the World Intellectual Property Organization (WIPO) Lex database.
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