Tort law at Mozambique
Tort law in Mozambique is part of its civil law legal system, which is strongly influenced by Portuguese law, due to its colonial history. The primary source of tort law in Mozambique is the Civil Code of Mozambique, which is largely based on the Portuguese Civil Code of 1966.
Key Features of Tort Law in Mozambique:
1. Legal Basis
The Civil Code of Mozambique governs extra-contractual liability (tort law), found under the section “Responsabilidade Civil” (Civil Liability).
This includes Articles 483 to 508, which cover general tort principles, liability for others, and strict liability.
2. General Rule – Article 483
A person who causes unlawful harm to another — either intentionally or negligently — must compensate the victim.
Three elements are required:
Unlawful act or omission
Fault (intention or negligence)
Damage or harm
Causal link between the act and the damage
3. Strict Liability (Responsabilidade Objetiva)
In some cases, fault is not necessary for liability:
For example, damage caused by animals, dangerous activities, or things in custody can trigger strict liability.
The law presumes responsibility unless the defendant can prove absence of fault or causal link.
4. Vicarious Liability
One may be liable for acts of others, such as:
Parents for their children
Employers for their employees
Guardians for those under their care
5. Damages
Damages can include:
Material damages: Economic losses, cost of repair, medical expenses
Moral damages: Pain, suffering, defamation, emotional distress
6. State Liability
The State and public authorities can be held liable for acts committed by public officials during their duties.
However, procedural rules may apply, such as prior administrative recourse.
7. Procedure
Tort claims are generally pursued in civil courts.
The burden of proof is on the plaintiff, and courts may appoint experts to determine the extent of damages.
Summary
Tort law in Mozambique is codified and follows traditional civil law principles, focusing on fault-based liability with exceptions for strict and vicarious liability. The legal structure mirrors that of Portugal, with localized adaptations.
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