Illicit Act – General Condition of Tortious Civil Liability

Abstract

Civil liability is a fundamental pillar of the legal system. This legal institution ensures compliance with the rules of conduct in society and protects those whose rights have been infringed. The provisions governing civil liability lie at the intersection of several branches of law. Criminal law, administrative law, and, of course, civil law all make use of and apply these provisions, taking into account their specific particularities where appropriate. The general conditions examined in determining the existence and scope of tort liability are: the unlawful act, the damage suffered, the causal link between the act and the damage, and the fault of the person responsible. This paper focuses primarily on the requirement of the unlawful act. The definition and characteristics of the unlawful act, as well as the grounds that exclude its unlawful nature, constitute the subject of this study. Although it does not generally raise significant practical difficulties, the analysis of the unlawful act in the context of tort liability remains an important topic for discussion and theoretical examination, particularly against the backdrop of the continuous and rapid changes taking place in society.