Tort law at Equatorial Guinea
Tort law in Equatorial Guinea operates within a legal framework that blends civil law traditions with customary law practices. The country’s legal system is influenced by its colonial history under Spain and its subsequent independence in 1968. While the Constitution of Equatorial Guinea, enacted in 1991, provides for a judiciary, the practical application of laws, including torts, is often intertwined with political and customary considerations.
⚖️ Legal Framework
Equatorial Guinea's legal system is a mixed system incorporating elements of civil law and customary law. The Civil Code of Equatorial Guinea, influenced by Spanish civil law, outlines general principles of civil liability. Additionally, customary law plays a significant role, especially in rural areas, where tribal elders adjudicate civil claims and minor criminal matters. These customary adjudications are conducted according to traditional norms and may not afford the same rights and privileges as the formal legal system .
🧾 Tortious Liability
In the context of tort law, Equatorial Guinea recognizes both contractual and non-contractual liabilities. For non-contractual liabilities, the general limitation period is three years, whereas for contractual liabilities, it is 20 years. However, specific cases, such as accommodation or professional fees, may have shorter limitation periods .
Civil liability can arise from various acts, including negligence, breach of duty, and intentional harm. For instance, if an agent receives a bribe, the injured party may file an action in tort for pecuniary and non-pecuniary damages, based on the Civil Code .
🏛️ Judicial System and Enforcement
The judiciary in Equatorial Guinea faces challenges related to independence and resource allocation. The President serves as the "First Magistrate of the Nation" and chairs the Judicial Council responsible for appointing judges and magistrates. This centralization of judicial appointments has raised concerns about the independence of the judiciary. Additionally, there have been instances where judges consulted with the Office of the President before issuing rulings, and some judges decided cases on political grounds or sought bribes .
Despite these challenges, the government has recognized the importance of providing legal aid services to ensure that all citizens have access to justice. Efforts are being made to improve public awareness of legal rights and enhance the quality of legal representation .
🧭 Summary
Tort law in Equatorial Guinea is governed by a combination of civil law principles and customary practices. While the legal framework provides mechanisms for addressing civil wrongs, the effective enforcement of these laws is influenced by the political landscape and resource constraints. Recent reforms aim to strengthen the rule of law and improve access to justice, though challenges remain in ensuring the independence and effectiveness of the judiciary.
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