Tort law at Monaco
Tort law in Monaco is based primarily on the French civil law tradition, as Monaco's legal system has been heavily influenced by French law due to historical and geographical proximity. Here's an overview of how tort law (la responsabilité délictuelle) works in Monaco:
📜 Key Principles of Tort Law in Monaco
Civil Code Basis
Monaco’s tort law is codified in its Code Civil (Civil Code), which closely resembles the French Civil Code (Napoleonic Code). The primary articles governing tort liability are modeled on those found in France (e.g., Article 1382 in the old French code, now Article 1240).
General Rule of Liability
The foundational principle is:
“Any act whatever of man that causes damage to another obliges the one by whose fault it occurred to repair it.”
This corresponds to the concept of fault-based liability.
Elements of Tort Liability
To establish tort liability in Monaco, the plaintiff generally must prove:
A fault or wrongful act (faute)
A damage (dommage)
A causal link (lien de causalité) between the fault and the damage
Strict Liability
In some cases (e.g., accidents involving things or animals), strict liability may apply—fault doesn’t need to be proven, only that the defendant was responsible for the object or animal that caused the harm.
Moral and Material Damages
Monaco recognizes both material (economic) and moral (non-economic) damages. Courts may award compensation for pain, suffering, loss of enjoyment, etc.
Prescription (Statute of Limitations)
Claims in tort generally have a 5-year limitation period from the day the victim knew (or should have known) of the harm.
🏛️ Judicial System in Monaco
Monaco has its own court system: First Instance Court, Court of Appeal, and Court of Revision.
Tort cases are usually handled in civil courts, unless criminal liability is also involved.
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