Tort law at Moldova
Tort law in the Republic of Moldova is primarily governed by the Civil Code of the Republic of Moldova, which outlines the principles and provisions related to civil liability for harm caused by unlawful acts.
⚖️ General Principles of Tort Liability
Under Article 20 of the Civil Code, a person is liable for damages caused by their actions only if they act with fault, either intentionally or negligently. An act is considered intentional if the person knew of its damaging nature and desired or accepted the occurrence of those consequences. Negligence occurs when the person should have foreseen the damaging consequences but failed to do so, or when they knew of the damaging nature but negligently believed they could avoid it. Gross negligence is characterized by a profound failure to take the care that is self-evidently required in the circumstances.
🏛️ Sources of Tort Law
Moldovan tort law is derived from several key sources:
Civil Code: The primary source, particularly Book III, which deals with obligations arising from unlawful acts.
Case Law: Judicial decisions interpreting and applying the Civil Code provisions.
Customary Law: In certain cases, traditional practices may influence the application of tort principles.
🧭 Key Provisions in Tort Law
Article 1403: Establishes the principle of vicarious liability, holding a principal responsible for the acts of their servant.
Articles 1404–1405: Outline the state's liability for damages caused by unlawful administrative acts or failures to act within a reasonable time.
Articles 1406–1408: Address the liability of parents, guardians, and educational establishments for damages caused by minors or persons under their care.
Articles 1410–1413: Detail the liability of owners for damages caused by dangerous sources, animals, or building collapses.
🧾 Recovering Damages
Victims of tortious acts in Moldova are entitled to full compensation for damages, which include:
Actual Losses: Expenses incurred to restore violated rights.
Lost Profits: Income the victim would have earned under normal circumstances.
Gains by the Wrongdoer: Any profit the wrongdoer gained from the unlawful act.
If the wrongdoer has profited from the act, the victim may claim the recovery of the damages along with the entire profit remaining after the damages are compensated.
📚 Accessing Legal Resources
For comprehensive access to Moldovan laws, including tort statutes and case law, the Legal Information System (LIS) of the Republic of Moldova provides a searchable database of national legal materials.
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