Tort law at Liechtenstein
Tort law in Liechtenstein is primarily governed by the Liechtenstein Civil Code (Allgemeines Bürgerliches Gesetzbuch – ABGB), which is based on Austrian law. The ABGB outlines general principles of civil liability, including provisions related to torts. Additionally, the Liechtenstein Civil Procedure Code (Zivilprozessordnung – ZPO) governs the procedural aspects of civil litigation, including tort claims.
🧾 Key Aspects of Tort Law in Liechtenstein
1. Fault-Based Liability
In Liechtenstein, tort liability is generally based on fault, meaning that a person is liable for damages caused by their intentional or negligent actions. This aligns with the principles outlined in the ABGB.
2. Strict Liability
Certain activities may impose strict liability, where a person is held responsible for damages regardless of fault. For example, liability for damages caused by animals or hazardous activities may be governed by specific provisions in the ABGB.
3. Damages
Victims of torts in Liechtenstein are entitled to compensation for actual damages, including both material and immaterial (non-pecuniary) losses. The ABGB provides guidelines for calculating damages, considering factors such as the severity of the harm and the circumstances of the case.
4. Statute of Limitations
The statute of limitations for tort claims in Liechtenstein is generally 30 years. However, the limitation period may be shorter in specific cases, such as contractual claims, which are subject to a 5-year limitation period. The limitation period typically begins when the claimant becomes aware of the damage and the identity of the responsible party.
5. Alternative Dispute Resolution (ADR)
Liechtenstein encourages the use of alternative dispute resolution methods, such as mediation and arbitration, to resolve civil disputes, including tort claims. The Liechtenstein Rules, developed by the Liechtenstein Chamber of Commerce and Industry, provide a framework for arbitration proceedings. These rules emphasize confidentiality and efficiency, making arbitration a popular choice for resolving disputes in Liechtenstein.
⚖️ Judicial System and Litigation Process
Liechtenstein's judicial system comprises three levels:
Court of First Instance (Fürstliches Landgericht): Handles initial civil cases, including tort claims.
Court of Appeal (Fürstliches Obergericht): Reviews decisions from the Court of First Instance.
Supreme Court (Fürstlicher Oberster Gerichtshof): Serves as the highest appellate court.
The litigation process is adversarial, with judges playing an active role in managing proceedings. Oral hearings are mandatory at the first instance, and written submissions play a crucial role in practice. Judges are encouraged to facilitate amicable settlements and may assist parties in reaching a resolution.
🛡️ State Liability
The Liechtenstein Civil Wrongs (Liability of the State) Law outlines the circumstances under which the state can be held liable for tortious acts. This includes liability for actions of public authorities and officials that cause harm to individuals. The law provides mechanisms for individuals to seek compensation for damages caused by the state.
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