Tort law at Bolivia
Bolivia's tort law is primarily governed by the Bolivian Civil Code, enacted in 1976, which delineates civil liabilities arising from personal and property harm. This framework is complemented by sector-specific statutes, such as Law No. 453 on consumer protection, and administrative regulations like Supreme Decree No. 23318-A concerning public service liability.
⚖️ Civil Liability under the Civil Code
The Civil Code outlines general principles of civil liability, including:
Article 339: Obligates debtors to compensate for damages resulting from non-fulfillment of obligations.
Article 344: Mandates compensation for actual losses and lost profits due to non-performance.
Article 994: Addresses moral damages, permitting compensation only when explicitly stipulated by law.
These provisions establish a fault-based liability system, focusing on compensatory rather than punitive measures.
🛡️ Consumer Protection and Administrative Claims
Law No. 453 (2013) safeguards consumer rights, allowing individuals to seek remedies through:(Lex Mundi)
Direct Conciliation: Engaging directly with suppliers.
Administrative Authorities: Intervention by relevant governmental bodies.
Judicial Actions: Pursuing legal proceedings in courts.
This law facilitates collective actions, enabling consumer organizations to represent groups of affected individuals.
🏛️ Public Service Liability
Supreme Decree No. 23318-A outlines procedures for determining civil liability in public service contexts:
Article 50: Defines civil liability as damage to the State's financial interests.
Article 51: Requires a technical legal opinion from the Contraloría General de la República to assess responsibility.
Article 52: Utilizes this opinion as a basis for initiating legal actions or recovery processes.
This framework ensures accountability in public sector operations.
🧾 Damages and Compensation
Bolivian law recognizes two primary categories of compensable damages:
Patrimonial Damages: Actual losses and lost profits.
Moral Damages: Compensation is limited and typically applies only when explicitly authorized by law.
Punitive damages are not recognized within the legal system.
🏛️ Judicial System and Procedural Reforms
Bolivia's judicial system comprises:
Magistrate Courts: Handle minor civil and criminal cases.
District Courts: Address more significant matters.
Plurinational Constitutional Court: Oversees constitutional issues.
The Civil Procedural Code, reformed by Law No. 439 in 2013, introduced:
Oral Proceedings: Enhancing transparency and efficiency.
Material Truth Principle: Prioritizing factual accuracy over procedural formalities.
Process Succession: Allowing for the continuation of proceedings despite changes in parties.
These reforms aim to modernize and expedite civil litigation.
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