Tort law at Macau
Tort law in Macau is governed by its Civil Code, which is influenced by Portuguese civil law traditions. This legal framework provides a comprehensive system for addressing civil wrongs and ensuring compensation for damages.
⚖️ Legal Framework
Macau's legal system is based on the Portuguese Civil Code, which was adopted in 1999. This code outlines general principles of civil liability, including tortious acts. Key provisions include:(Wikipedia)
Article 477: Establishes that any act, whether intentional or negligent, that unlawfully violates the rights of another obligates the wrongdoer to compensate the injured party.
Article 478: Specifies that mere advice, recommendations, or information do not constitute liability unless there is a legal duty to provide them, and they are given negligently or with intent to harm.
Article 479: Addresses omissions, stating that failure to act can lead to liability if there was a legal or contractual duty to act.
Article 483: Clarifies that all parties involved in the wrongful act, including instigators and accomplices, are jointly responsible for the damages caused.
Article 484: Imposes liability on individuals responsible for supervising others, such as parents or guardians, for damages caused by those under their care.
Article 485: Holds property owners or custodians liable for damages caused by the collapse of buildings or structures due to construction defects or lack of maintenance.
Article 486: Establishes liability for damages caused by things, animals, or activities under one's control, unless the person can prove there was no fault.(WIPO)
Article 487: Allows for the reduction of compensation when the liability is based on mere fault, considering factors like the degree of fault and the economic situation of the parties involved.
These provisions form the basis for tortious liability in Macau, emphasizing fault, causation, and the obligation to compensate for damages.
🧾 Tortious Liability
Macau's Civil Code outlines various forms of tortious liability:
Negligence: Failure to exercise reasonable care resulting in harm to others.
Defamation: Harm to a person's reputation through false statements.
Trespass: Unauthorized entry onto another's property.
Nuisance: Unreasonable interference with the use or enjoyment of land.
Strict Liability: In certain cases, liability is imposed without the need to prove fault, such as in cases involving animals or hazardous activities.
The Civil Code also addresses specific situations like:
Liability for Buildings or Structures: Property owners or custodians are liable for damages caused by the collapse of buildings or structures due to construction defects or lack of maintenance.
Liability for Things, Animals, or Activities: Individuals are liable for damages caused by things, animals, or activities under their control, unless they can prove there was no fault.(WIPO)
These provisions ensure that individuals and entities are held accountable for their actions that cause harm to others.
🧾 Damages and Compensation
Macau's Civil Code focuses on compensatory damages, aiming to restore the injured party to the position they would have been in had the tort not occurred. The legal system does not recognize punitive damages, which are intended to punish the wrongdoer and deter similar conduct.
In cases of mere fault, the compensation may be reduced based on factors such as the degree of fault and the economic situation of the parties involved.
🧭 Summary
Tort law in Macau is grounded in the Portuguese civil law tradition, with a strong emphasis on compensatory damages and fault-based liability. The legal framework provides mechanisms for addressing civil wrongs and ensuring accountability, while the judiciary operates under a unified system to ensure consistent application of the law.
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