Tort law at Egypt
Tort law in Egypt is primarily governed by the Egyptian Civil Code No. 131 of 1948, which establishes the framework for civil liability arising from wrongful acts. The Code outlines the conditions under which an individual may be held liable for damages caused to another, encompassing both fault-based and strict liability principles.
Key Principles of Tort Law in Egypt
1. Fault-Based Liability (Article 163)
Under Article 163, an individual is liable for damages caused by their fault or negligence. To establish liability, the following elements must be present:
Fault: A breach of a legal obligation, which may be an act or a failure to act.
Damage: Harm suffered by the injured party.
Causation: A direct link between the fault and the damage.
This principle ensures that individuals are held accountable for their actions that cause harm to others.
2. Strict Liability (No-Fault Liability)
Certain situations impose liability regardless of fault. For instance:
Building Collapse: Article 177 holds a person in charge of a building liable for damage caused by its collapse, even if the collapse is partial, unless they prove it was not due to negligent maintenance or defects.
Dangerous Things or Animals: Articles 176 and 178 impose liability on individuals in charge of things requiring special care or animals for damages caused by them, unless they prove the damage was due to a cause beyond their control.
These provisions ensure accountability in cases where harm results from inherently risky activities or objects.
3. Exceptions to Liability (Article 165)
Article 165 outlines circumstances where an individual may not be liable for damages:
Force Majeure (Act of God): Events beyond control, such as natural disasters.
Third-Party Actions: Harm caused solely by the actions of a third party.
Plaintiff's Own Fault: If the injury resulted from the fault of the injured party.
Statutory Authority: Acts performed by public officials in pursuance of lawful orders.
These exceptions provide a defense against liability under specific circumstances.
4. Public Policy Considerations
Tort liability in Egypt is considered a matter of public policy and cannot be waived or limited by prior agreement. However, liability resulting from acts or omissions by employees may be indemnified against, limited, or waived. This ensures that individuals cannot contractually avoid responsibility for wrongful acts that harm others.
5. Statute of Limitations
Tort claims in Egypt are subject to a statute of limitations:
Three-Year Period: Commencing from the date the unlawful act and the responsible party become known to the injured party.
Fifteen-Year Period: Commencing from the date the unlawful act was committed.
This framework ensures timely resolution of disputes and prevents indefinite liability.
Decennial Liability in Construction
Egyptian law imposes a decennial liability on architects and contractors, holding them strictly liable for the collapse of a building or defects affecting its structural stability for ten years from the date of delivery. This liability is considered a matter of public policy, and any agreement to waive or limit this liability is void. The rationale is to ensure the safety of buildings and protect public interest.
Conclusion
Egypt's tort law framework, as outlined in the Civil Code, provides a comprehensive system for addressing civil wrongs outside contractual obligations. With principles rooted in fault-based and strict liability, exceptions to liability, and considerations of public policy, the legal system aims to ensure fair compensation for victims while holding wrongdoers accountable.
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