Tort law at Guinea-Bissau
Tort law in Guinea-Bissau is primarily governed by the Civil Code of 1984, which is heavily influenced by the Portuguese Civil Code of 1966. This legal framework is rooted in the civil law tradition, incorporating elements from Portuguese law, as well as influences from regional bodies such as the Economic Community of West African States (ECOWAS) and the West African Economic and Monetary Union (UEMOA) .
⚖️ Legal Framework
Civil Code (1984): The Guinea-Bissau Civil Code, adopted in 1984, serves as the primary source of civil law, including tortious liability. It outlines provisions related to civil obligations, including contracts and torts (referred to as "delitos" in the Code). The Code establishes the foundation for liability arising from wrongful acts.
Constitution of Guinea-Bissau (1984): The Constitution enshrines fundamental rights and freedoms, which underpin civil liability principles. It serves as a guiding document for ensuring that tortious acts do not infringe upon the constitutional rights of individuals .
🧾 Key Principles of Tort Law
Liability for Fault: Under the Civil Code, an individual may be held liable for damages if they commit a wrongful act (faute) that causes harm to another.
Liability for Acts of Others: Persons may be held responsible for the wrongful acts of others in certain circumstances, such as when they are legally accountable for the actions of those under their care or supervision.
Damages: Victims of tortious acts are entitled to compensation for both material and non-material damages, including physical injury, emotional distress, and loss of property.
🏛️ Judicial System
The judiciary in Guinea-Bissau is independent and comprises various courts:
Supreme Court: The highest court, overseeing the judicial system and ensuring the uniform application of the law.
Courts of Appeal: Hear appeals from lower courts, including those related to tort claims.
First Instance Courts: Handle civil cases, including tort actions.
Customary Courts: Address disputes based on traditional customs, particularly in rural areas.
⏳ Limitation Periods
The Civil Code specifies limitation periods within which claims for damages must be filed. Typically, the right to claim damages in tort is extinguished if not exercised within three years from the time the victim becomes aware of the damage and the identity of the person responsible.
⚠️ Challenges and Considerations
Access to Justice: Limited access to legal resources and awareness can impede individuals from pursuing tort claims.
Enforcement: Challenges in enforcing judgments, particularly in rural areas, may affect the effectiveness of tort law.
Customary Practices: In some communities, customary practices may influence dispute resolution, sometimes conflicting with formal legal principles.
🧭 Summary
Tort law in Guinea-Bissau is structured around principles derived from the Civil Code, emphasizing fault-based liability and the right to compensation for harm. While the legal framework provides mechanisms for redress, challenges related to access, enforcement, and the interplay with customary practices can affect the practical application of tort law.
RELATED Blog
0 comments