Tort law at Armenia
Tort law in Armenia is primarily governed by the Civil Code of the Republic of Armenia, which provides a comprehensive framework for obligations arising from harm caused to individuals or property. These provisions are detailed in Division 9, Chapter 60 of the Civil Code.(Docsbay, WIPO Lex)
Key Provisions of Armenian Tort Law
General Liability for Harm (Article 1058)
Individuals or entities causing harm to a person or property are generally required to compensate the victim in full. However, they may be exempt from liability if they can prove that the harm was not due to their fault. In some cases, statutes may impose liability even in the absence of fault.
Compensation for Harm to Life or Health (Article 1059)
Victims of harm to life or health have the right to seek compensation. Courts may also order the cessation of activities causing ongoing or potential harm, unless such action would violate state interests.
Liability for Employees' Actions (Article 1062)
Employers are liable for harm caused by their employees during the performance of their duties. This includes both labor and civil law contracts, provided the employee acted under the employer's supervision and for its benefit.
Moral (Non-Pecuniary) Damages
Armenian law recognizes the concept of moral damages, encompassing physical and emotional suffering resulting from violations of personal rights. Victims can claim compensation for such damages, especially when fundamental rights are infringed upon.
Limitation Periods
Claims for compensation related to harm to life or health are subject to a limitation period of three years from the date the right to compensation arises. However, the statute of limitations does not apply to certain claims, such as those for the protection of personal non-property rights.
Liability in Specific Circumstances
The Civil Code also addresses liability in cases of necessary defense and extreme necessity. For instance, harm caused in a state of necessary defense is not subject to compensation if the limits of such defense are not exceeded.
Judicial Oversight and Legal System
Armenia's judiciary operates independently, with a three-tiered court system comprising courts of first instance, appellate courts, and the Court of Cassation, which is the highest judicial authority. The judicial system ensures that tort law provisions are applied consistently and fairly across the country. (Chambers and Partners)
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