Tort law at Lebanon
Tort law in Lebanon is primarily governed by the Code of Obligations and Contracts (COC), enacted in 1932, which forms the backbone of the Lebanese civil law system. Lebanon's legal framework is influenced by a blend of French civil law, Islamic law, and Ottoman legal principles
⚖️ Legal Framework
Article 134 COC: This article establishes that a person is liable for any damage caused by their negligence or imprudence, as well as for what may result from a positive act. It underscores the principle of fault-based liability in Lebanese tort law.
Article 137 COC: This provision addresses the concept of joint liability, stating that when multiple causes contribute to a damage, the responsible parties are jointly liable. However, Lebanese courts have applied the principle of direct causation, focusing on the immediate cause of the damage
🧾 Key Principles
Fault-Based Liability: Lebanese tort law predominantly follows a fault-based system, where liability arises from negligence or intentional misconduct.
Strict Liability: In certain cases, Lebanese law imposes strict liability, particularly in instances involving hazardous activities or defective products.
Moral Damages: Lebanese law recognizes compensation for non-material damages, such as harm to reputation or dignity. Article 511 of the COC allows for compensation for non-material damage, including defamation .(Scribd)
🏥 Specific Areas of Tort Liability
Professional Negligence: Professionals, including architects and engineers, may be held liable for damages resulting from their negligence or lack of skill. For instance, architects are expected to act as reasonable professionals, and failure to do so can lead to liability .
Consumer Protection: Under Lebanon's Consumer Protection Law (Law No. 659/2005), merchants are obligated to ensure the safety and quality of their products. Article 46 places liability on merchants for damages caused to consumers, even if the merchant possessed all necessary qualifications and certificates .
🛡️ Defenses and Limitations
Force Majeure: Lebanese law recognizes the concept of force majeure, which can exempt a party from liability if the damage was caused by an unforeseeable and unavoidable event.
Statute of Limitations: The general statute of limitations for civil matters in Lebanon is ten years, as stipulated in Article 349 of the COC. However, shorter limitation periods apply to specific types of disputes, as detailed in Articles 350–352 of the COC .
🧭 Summary
Lebanon's tort law, rooted in the Code of Obligations and Contracts, provides a comprehensive framework for addressing civil wrongs. It emphasizes fault-based liability while recognizing strict liability in certain contexts. The legal system also acknowledges moral damages and offers protections for consumers and professionals. Understanding these principles is crucial for navigating tort claims in Lebanon.
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