Tort law at Nicaragua
Tort law in Nicaragua falls under the broader category of civil law, which is influenced by the Roman-Germanic legal tradition, similar to other Latin American countries. Here's a basic overview:
1. Legal Framework
Nicaragua's tort law is primarily governed by the Civil Code of Nicaragua, which outlines general principles of civil liability (responsabilidad civil). This includes both:
Contractual liability – breaches of contractual obligations.
Extra-contractual (tort) liability – harm caused outside of contractual obligations.
2. Key Principles of Tort Law in Nicaragua
To establish tort liability (responsabilidad extracontractual), the following elements must typically be proven:
Act or omission – A voluntary action or failure to act.
Fault or negligence – The defendant must have acted negligently or wrongfully.
Harm or damage – The plaintiff must have suffered actual damage (material or moral).
Causal link – There must be a direct connection between the act and the damage.
3. Types of Damages
Material damages (daños materiales) – Loss of property, income, or economic harm.
Moral damages (daño moral) – Emotional distress, pain, or loss of reputation.
4. Strict Liability
In certain cases, especially involving dangerous activities or product liability, Nicaraguan law may impose strict liability—where fault is not required to be proven.
5. Compensation
The goal of tort law in Nicaragua is to restore the victim to the position they were in prior to the harm. Courts can order financial compensation or other remedies.
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