The new Torts Law is structured in a way that article 6 (and article 7) would set out the general requirements that constitute actionable torts. Following articles will then enumerate several specific types of torts. Therefore, if a type of torts is not covered by the specific types, you will need to look at the general terms of article 6.
Article 6 says that torts liability stems from “fault”. However, this article does not define what is “fault”, which is covered in the following articles for those specific torts types.
In practice, one is at fault if it violates legal obligations or duties. This covers the situation where one owes a duty required by the law, by the profession or by ones own conduct. For example, if a construction worker fails to cover the sewage well after having completed sewage works, then he is at fault. |