Tort law at Montenegro
Tort law in Montenegro is primarily governed by the Law on Contracts and Torts (Zakon o obligacionim odnosima), which outlines the principles of non-contractual liability, including compensation for damages resulting from unlawful acts.
Key Principles of Tort Law in Montenegro
General Liability for Damages: Individuals or legal entities are obligated to compensate for damages caused by their actions, unless they can prove that the damage was not their fault.
Liability of Legal Entities: Legal persons are responsible for damages caused by their representatives or bodies during the performance of their functions or related activities.
Compensation for Non-Material Damage: Courts may award monetary compensation for non-material damages, such as mental suffering, even in the absence of material damage, provided the circumstances justify it.
Time Limitations for Claims: The statute of limitations for tort claims is generally three years, starting from the day the injured party becomes aware of the damage and the liable party.
Force Majeure: Parties may be exempt from liability if they can prove that the damage resulted from an external event that could not have been predicted, avoided, or overcome.
Legal Framework and Institutions
Law on Contracts and Torts (Obligations Act): This law serves as the foundation for tort law in Montenegro, detailing the obligations and liabilities arising from unlawful acts.
Civil Code: While Montenegro has been working on codifying civil law to provide greater protection of citizens' rights, the Civil Code is still under development.
University of Montenegro Faculty of Law: This institution plays a significant role in legal education and research in Montenegro, contributing to the development and understanding of tort law.
For individuals or entities seeking legal redress for tortious acts in Montenegro, it is advisable to consult with legal professionals specializing in Montenegrin civil law to navigate the complexities of the legal system effectively.
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