Tort law at Martinique (France)
Martinique is an overseas department and region of France (Département d’outre-mer, DOM), and as such, French tort law applies in full to Martinique.
⚖️ Tort Law in Martinique (as per French law)
French tort law is codified primarily in the French Civil Code, notably:
Article 1240 (formerly 1382) – Establishes liability for damage caused through fault:
"Any act whatever of man that causes damage to another obliges the one by whose fault it occurred to repair it."
Article 1241 – Covers negligence:
"One is liable not only for the damage caused by one's own act, but also for that which is caused by the act of persons for whom one is responsible..."
Article 1242 – Introduces strict liability in certain cases (e.g., for parents, employers, or guardians of things/animals).
✅ Key Aspects
Fault-based liability: Most tort claims require proof of fault, damage, and causation.
Strict liability: Applies in limited cases (e.g., product liability, parental responsibility).
No punitive damages: French law only compensates actual loss (material and moral).
Non-cumul principle: If a contract exists, tort claims are generally excluded for the same damage.
📍 Application in Martinique
Since Martinique is not an independent jurisdiction, its courts are integrated into the French judicial system. Tort cases in Martinique are handled by French civil courts following the French Civil Code and relevant French jurisprudence.
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