Legal basis
The general rule is set out in Art. 45 of the Obligations and Contracts Act: everyone is required to compensate the damage they have culpably caused to another. This is the basis of tort (non-contractual) liability - liability for harm caused outside an existing contractual relationship.
What must be proven
To be awarded compensation under Art. 45, the injured party must cumulatively prove:
- Unlawful conduct - an act or omission that breaches the law or generally accepted rules;
- Actual damage - pecuniary (actual loss, lost profit) or non-pecuniary (pain and suffering);
- Causal link between the conduct and the damage;
- Fault of the wrongdoer - in tort claims, fault is presumed until proven otherwise.
The most common cases in practice: road traffic accidents, damage to someone else's property, breach of contract by a contractor or supplier, and disputes with an employer or business counterparty.
Contractual vs. tort liability
When the damage arises from non-performance of an already existing contract (for example a delayed delivery or poorly performed service), contractual-liability rules and the contract itself apply, rather than Art. 45. Correctly classifying the claim as contractual or tortious matters for the limitation period and the method of proof, so it is best assessed by a lawyer before the claim is filed.
How the claim proceeds
A damages claim is filed with the competent civil court under the general rules of jurisdiction. The statement of claim sets out the facts, the legal basis and the amount claimed, supported by evidence - medical records, expert opinions, witness testimony, written correspondence and other evidence, depending on the case.
How a lawyer helps
A lawyer assesses the merits of the claim, helps gather evidence, calculates a well-supported amount of damages, drafts and files the claim, and represents the client throughout the proceedings.