Tort law at North Macedonia
Tort law in the Republic of North Macedonia is primarily governed by the Law on Obligations, which outlines the principles of civil liability for damages arising from unlawful acts. This framework is supplemented by specific provisions in the Penal Code for criminal offenses and the Civil Procedure Code for procedural aspects.
⚖️ Key Principles of Tort Liability
Under the Law on Obligations, a person is liable for damages caused by their actions unless they can prove that the damage occurred without their fault. This aligns with the general principle that liability is fault-based, requiring the injured party to demonstrate that harm resulted from the defendant's wrongful act or omission.
🧾 Types of Recoverable Damages
North Macedonian law recognizes three primary categories of damages:
Ordinary Damage: Losses incurred due to the impairment of property.
Loss of Profit: Potential earnings that the injured party could have reasonably expected under normal circumstances.
Non-Pecuniary Damage: Compensation for non-material harm, such as emotional distress or violation of personal rights.
In cases involving intentional harm, courts may award compensatory damages corresponding to the full extent of the damage suffered by the innocent party.
🕒 Statute of Limitations
The statute of limitations for tort claims in North Macedonia is generally three years from the day the injured party became aware of the damage and the identity of the responsible party. However, claims become time-barred after five years from the date the damage occurred.
🧑⚖️ Vicarious and Parental Liability
Employer Liability: Employers are liable for damages caused by their employees during the course of employment, unless the employer can prove that the employee acted properly under the circumstances.
Parental Liability: Parents are generally liable for damage caused by their minor children. For children under seven years of age, parents are strictly liable. For children over seven, parents may be liable unless they can prove they were not at fault.
🏥 Medical Liability
In the healthcare sector, civil liability for medical professionals and institutions is governed by general tort principles. The Law on Obligations applies to cases of medical malpractice, encompassing both contractual and non-contractual liability. This includes fault-based liability and, in certain cases, strict liability for damages arising from medical services.
🧒 Protection of Children in Tort Law
North Macedonian tort law includes provisions specifically aimed at protecting children. The law recognizes the vulnerability of minors and provides mechanisms to ensure that their rights are adequately protected in cases of damage. This includes specific rules regarding parental liability and the responsibility of guardians or institutions supervising minors.
📚 Accessing Legal Resources
For comprehensive access to North Macedonian laws, including the Law on Obligations and related legal texts, the LegislationLine platform provides translations and analyses of various legal documents.
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