delict

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delict

the name used for civil liability for wrongs in Roman law and in Scots law and in the law of most of the civilian legal systems, such as those of France, Germany and South Africa. It is a much more universal concept than torts but clearly much the same sort of issues are considered. Again, in civilian systems, delict is seen within the overall picture of the law of obligations. See ANIMAL LIABILITY, ECONOMIC LOSS, ECONOMIC TORTS, FAULT, NEGLIGENCE, NUISANCE, OCCUPIER'S LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY, TORT, TRESPASS.

DELICT, civil law. The act by which one person, by fraud or malignity, causes some damage or tort to some other. In its most enlarged sense, this term includes all kinds of crimes and misdemeanors, and even the injury which has been caused by another, either voluntarily or accidentally without evil intention; but more commonly by delicts are understood those small offences which are punished by a small fine or a short imprisonment.
     2. Delicts are either public or private; the public are those which affect the whole community by their hurtful consequences; the private is that which is directly injurious to a private individual. Inst. 4, 18; Id. 4, 1 Dig. 47, 1; Id. 48, 1.
     3. A quasi-delict, quasi delictum, is the act of a person, who without malignity, but by an inexcusable imprudence, causes an injury to another. Poth. Ob. n. 116; Ersk. Pr. Laws of Scotl. B. 4, t. 4, s. 1.

References in periodicals archive ?
Reflections on the Revised May 2010 Noiyns on More Serious Delicts, The Jurist 71 (2011) 120-158 y los trabajos contenidos en la obra colectiva de A.
In a study made by professor Juan Me Cord presented in Boston it was showed that in families that suffered loss of the father (for various reasons) the children committed some severe delicts. Boys coming from such families commit about 60% of juvenile offenses, while those who come from sharpened families commit 52% of these crimes.
The actio popularis authorized any person to pursue a claim on behalf of the public in cases in which a public delict or wrong might otherwise go unredressed.
"relating to tort, delict or quasidelict" either in the courts
Accordingly, Italy claimed that the regime of state immunity in respect of acta jure imperii (such acts committed by the armed forces of a State in the course of conducting an armed conflict) did not extend to torts or delicts occasioning death, personal injury or damage to property committed on the territory of the State of the forum (territorial tort exception).
"non-contractual liability arising out of damage caused to another" for torts (delicts) (p.
(56) Carl Goldenberg, The Law of Delicts Under the Civil Code of Quebec (Montreal: Wilson & Lafleur, 1935) at 11, cited in Sheppard, supra note 1 at 93.
(42) This is also reinforced in Article 19 of the final draft of the International Law Commission, entitled "International Crime and International Delicts," which seeks to bolster the criminal responsibility of states.
At this stage of their draft, the International Law Commission has found it necessary to limit its wording to avoid any association with international crimes or a delict. "The distinction between crimes and delicts might, however, find its justification in the treatment of legal consequences.
The British reiterated this position, adding a further argument that "by establishing the category of international crimes the danger of polarizing moral and political judgments into a crude choice between crimes and delicts is increased." (12)
On the third point--the liability of the two accomplices--Crudop notes that Justinian states in his discussion of obligations that arise from delicts that those who aid and abet a theft are also liable (De obligationibus quae ex delicto nascuntur, Inst.