Tort law at Cape Verde
Tort law in Cape Verde is primarily governed by the Civil Code, established under Decree-Law No. 31-A/99, which was approved on 25 November 1966. This legal framework is heavily influenced by Portuguese civil law traditions, reflecting Cape Verde's historical ties as a former Portuguese colony.
⚖️ Key Principles of Tort Law in Cape Verde
1. General Liability for Unlawful Acts
Article 483 of the Civil Code stipulates that any person who unlawfully infringes upon the rights of others or violates legal provisions intended to protect others' interests is obliged to compensate the injured party for the resulting damages. Liability exists regardless of fault unless explicitly stated otherwise in the law.
2. Liability for Buildings and Works
Article 492 holds the owner or possessor of a building or other construction liable for damages caused by its collapse or defects in conservation, unless they can prove the absence of fault or that the damage would have occurred even with due diligence.
3. Liability for Things, Animals, and Activities
Article 493 establishes that individuals who have control over things or animals, or who undertake certain activities, are responsible for damages caused by them, unless they can demonstrate the absence of fault or that the damage would have occurred even with due diligence.
4. Non-Patrimonial Damage
Article 496 provides for compensation for non-patrimonial damages, such as emotional distress, resulting from unlawful acts. The amount of compensation is determined equitably by the court, considering factors like the severity of the damage and the circumstances of the case.
5. Solidary Responsibility
Article 497 states that if multiple parties are responsible for the same damage, they are jointly and severally liable. However, in relations among the responsible parties, the obligation to indemnify is distributed according to each party's degree of fault and involvement.
6. Limitation of Compensation
Article 494 allows for the reduction of compensation in cases of mere fault, based on factors such as the degree of fault, the economic situation of the parties, and other relevant circumstances.
🏛️ Judicial System
Cape Verde's judiciary is structured as follows:
Constitutional Court: Oversees constitutional matters.
Supreme Court of Justice: The highest court, handling civil, criminal, and administrative appeals.(Wikipedia)
High Courts: Intermediate appellate courts.
Court of First Instance: Handles initial cases.
Additionally, specialized courts exist for areas such as labor, family law, tax, and customs law.
⚠️ Enforcement of Foreign Arbitral Awards
Cape Verde has acceded to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. However, foreign arbitral awards must undergo a judicial review and confirmation process before they can be enforced in Cape Verde, as stipulated by the country's Arbitration Law (Law No. 76/VI/2005, 16 August 2005).
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