Tort law at Tajikistan
Tajikistan's tort law is primarily governed by its Civil Code, which outlines the principles and rules for civil liability arising from unlawful acts. The current Civil Code, effective from July 1, 2023, provides a comprehensive framework for addressing civil wrongs and the corresponding remedies.
⚖️ Legal Framework
Tajikistan's legal system is based on civil law traditions, and its Civil Code serves as the primary source for tort law. The Code addresses various aspects of civil obligations, including those arising from torts. Key provisions related to tort law are found in Part III of the Civil Code, which deals with obligations arising from unlawful acts.
🧾 Key Provisions in the Civil Code
1. General Principles of Civil Liability
Article 10 prohibits actions aimed at causing harm to others and emphasizes the need for exercising civil rights in good faith, reasonably, and fairly.
Article 15 entitles individuals whose rights are violated to full compensation for the damage caused, encompassing actual loss and lost profits.
Article 171 allows for monetary compensation for moral harm caused by violations of personal non-property rights.
2. Liability for Damage
Article 1225 establishes that obligations arising from harm are determined by the law of the country where the harmful act occurred.
Article 1226 specifies that the applicable law covers aspects such as the ability to bear responsibility, grounds for liability, and the extent of damage compensation.
3. Consumer Protection
Article 1227 provides consumers with the right to choose the applicable law for claims arising from defective goods or services, offering flexibility in cross-border transactions.
4. Defamation
In 2012, Tajikistan decriminalized libel and insult, transferring these offenses from the Penal Code to the Civil Code. This change means that defamation is now addressed through civil remedies, such as fines, rather than criminal penalties.
🧭 Legal System Overview
Tajikistan operates under a civil law system, where judicial decisions are not considered sources of law. The legal framework has been developed with assistance from international experts, incorporating elements from various legal traditions to suit the country's needs.
📚 Legal Resources
Civil Code of the Republic of Tajikistan: The full text of the Civil Code, including provisions on tort law, is available through various legal platforms.
Globalex: Provides an overview of Tajikistan's legal system and resources for legal research.
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