Tort law at Bulgaria
Tort law in Bulgaria is governed by the Bulgarian Obligations and Contracts Act (OCA), which was adopted in 1951 and is still the main legal source for civil obligations, including delict (tort) liability. The Bulgarian legal system is part of the continental (civil law) tradition, and its tort law is based on the principle that any unlawful act that causes harm to another person gives rise to an obligation to compensate the injured party.
🔷 Key Features of Tort Law in Bulgaria
1. Legal Basis
Article 45 of the Obligations and Contracts Act (OCA) is the central provision:
“Every person is obliged to compensate for the damage he has culpably caused to another.”
This article establishes general tort liability and forms the basis for claims involving fault-based liability.
Articles 45–54 of the OCA regulate different aspects of tort law, including liability for one's own acts, liability for third parties, joint liability, and compensation for damages.
🔷 2. Elements of Tort Liability in Bulgaria
To successfully claim damages in tort under Bulgarian law, the following four cumulative elements must be proven:
Unlawful Act (Delict)
The action must be unlawful—violating a legal norm or infringing someone’s rights.
This includes both acts and omissions that breach legal obligations.
Fault (Culpability)
The wrongful act must have been committed intentionally or negligently.
Strict liability is recognized in specific cases (e.g., damage caused by children, employees, or animals).
Damage (Harm)
The victim must have suffered pecuniary or non-pecuniary damage (e.g., injury, property damage, or emotional distress).
Causal Link
There must be a direct causal relationship between the unlawful act and the damage suffered.
🔷 3. Types of Damages
Bulgarian law recognizes:
Pecuniary Damages: Financial losses such as medical bills, lost income, repair costs, etc.
Non-pecuniary Damages: Moral or emotional suffering (e.g., pain, trauma, humiliation).
Courts often award moral damages in cases involving physical or emotional harm, and the amount is determined at the court’s discretion.
🔷 4. Strict Liability Cases
Bulgarian law imposes strict liability in certain situations, even in the absence of fault:
Article 47 OCA: Parents are liable for the damage caused by their minor children.
Article 49 OCA: Employers are liable for damage caused by their employees during or in connection with their work.
Article 50 OCA: Liability for damages caused by animals or dangerous objects (e.g., machinery).
🔷 5. Joint and Several Liability
When multiple individuals contribute to the same harm:
Under Article 51 OCA, they are jointly and severally liable, meaning the victim can claim full compensation from any one of them, who can then seek contribution from the others.
🔷 6. Defenses to Tort Liability
Contributory negligence: If the injured party contributed to the harm, compensation may be reduced accordingly.
Force majeure (unforeseeable and unavoidable events): May exempt liability if the damage was caused by such an event.
🔷 7. Statute of Limitations
General limitation period for tort claims: 5 years from the moment the victim became aware of the damage and the liable party.
For certain torts, shorter or longer timeframes may apply (e.g., environmental damage or criminal offenses).
🔷 8. Examples of Common Tort Cases in Bulgaria
Traffic accidents resulting in personal injury or property damage.
Medical malpractice.
Defamation or violation of personal rights.
Workplace injuries where the employer is held vicariously liable.
Unlawful construction causing damage to neighboring property.
🔷 9. Courts and Jurisdiction
Tort claims in Bulgaria are handled by civil courts. Claims for compensation may be brought as:
Independent civil lawsuits, or
Civil claims within criminal proceedings, when the act also constitutes a criminal offense.
✅ Summary
Element | Bulgarian Tort Law (OCA) |
---|---|
Source of Law | Obligations and Contracts Act |
Key Article | Article 45 OCA |
Liability Type | Fault-based + strict liability |
Damages | Pecuniary and non-pecuniary |
Causation Required | Yes |
Statute of Limitations | 5 years (general rule) |
Joint Liability | Yes (Articles 51–52 OCA) |
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