The Civil Offenses Law (CHAP.148)

1. This Law shall be cited as the Civil Torts Law.
   CHAPTER 148
   PART I INTRODUCTORY PROVISIONS
   Hermeneutics
   2-(1) This Act shall be construed in accordance with the principles of statutory interpretation prevailing in England, and the expressions used therein shall be deemed to be used by implication with the meaning given to them by English law, and shall be interpreted accordingly, to the extent that such interpretation is not inconsistent with the content of the text and provided that no other meaning is expressly provided.

(2) In this Law-

“wild animal” means an animal not normally kept in captivity or under human control in the Republic.

“action” means any proceeding of a civil nature before any Court, and includes set-off or counterclaim.

“real estate” means land, houses, buildings, walls and other structures and trees.

“Harm” means unlawful interference with a legal right.

“public position” means a position held by a public official as defined in the Criminal Code.

“damage” means the loss or diminution of property, immediate comfort, physical well-being, reputation or other similar loss or diminution.

“animal” includes birds, fish, insects and reptiles.

“Property” means immovable and movable property.

“Owner” means a person who is entitled to possess or use immovable property, in lieu of the owner, and in the absence of such a person, the owner of such property.

“movable property” means all inanimate things and animals, and includes money, the fruits of trees and vines, cereals, vegetables and other crops and water whether separated from the land or not.

“Principal” means the person who, in relation to another, has complete control over the manner in which that other performs his work for the former.

“legislation” means any law or any Order of the Council of Ministers or any regulation or other secondary legislation lawfully enacted.

“servant” means any person whose work is controlled by the master in this manner:

It is understood that no person serving in the service of the Republic or the Government of the Republic or the Evkaf Department or any Municipality or any person shall be considered as the master or servant of any other person serving in such services respectively.

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Right to remedy in civil offenses
3.-(1) The following listed below in this Law constitute civil offences, and subject to the provisions of this Law, any person who suffers injury or damage by reason of a civil offence is entitled to seek from the person who committed or is liable for such civil offence the remedies which the court has jurisdiction to grant:

It is understood that an act which, if repeated, would not tend to give rise to an adverse claim or which is an act for which, under the circumstances, a person of ordinary reason and character would not complain is not considered a civil offense.

(2) Without prejudice to any other case in which the law of the Republic applies by virtue of the force of any rule of private international law, this Law shall apply:

(a) Any civil offence committed within the territory of the Republic;

(b) in any civil offence committed against a person or directed against immovable property when, at the time of the commission of the civil offence, the said person or the immovable property is located in the territory of the Republic:

It is understood that an actionable right under this paragraph exists regardless of whether the act or omission constituting the civil offence under this law allows an action to be brought in the country in which the act or omission was committed.

(3) For the purposes of this article, the territory of the Republic includes its territorial waters, the airspace above the Republic and its territorial waters and any ship or aircraft registered in the Republic wherever located, unless, by virtue of international law, the said ship or aircraft is subject at the relevant time, by reason of its position, to the exclusive jurisdiction of foreign law.

CHAPTER 148129(I)/2006
PART II RIGHTS AND OBLIGATIONS OF CERTAIN PERSONS
Limitation of actions in relation to civil offences against certain persons
4.-(1) No action in respect of any civil offence shall lie against Her Majesty.

(2) An officer of the Republic shall be liable for any civil offence committed by him:

It is understood that he is being brought in his personal capacity:

It is further understood that, subject to the provisions of subsections (3) and (4), in any action brought against such officer it shall be a defence that the act complained of was done within the limits of his lawful authority.

No official of the Republic shall be liable for any civil offense committed by any other official of the Republic unless he expressly authorized or approved such offense.

(3) No action shall lie against a Judge of the Supreme Court of the Republic, nor against any person lawfully performing the duties of a Judge of such Court, in respect of a civil offence committed by him in his judicial capacity.

(4) No action shall lie against a Judge of any Court in the Republic, other than the Supreme Court, nor against any person lawfully acting as a Judge of such Court, nor against an official receiver, nor against a member of a court-martial, nor against an arbitrator, nor against any other judicial officer, in respect of a civil offence committed by him in his judicial capacity, if the act giving rise to the civil offence was done within its jurisdiction.

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Government Acts

5. No action shall lie under the provisions of this Law in relation to an act of Government, that is, any act which causes injury or damage to a person who, at the time of the act, is not a citizen of the Republic, and which act was performed by a representative of the political or military authorities of the Republic and was either previously authorized or subsequently approved by the Republic.

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Bankrupts

6. Notwithstanding the provisions of the Bankruptcy Law, a bankrupt may sue and be sued in relation to a civil offence and no action shall be brought in relation thereto on behalf of or against the estate of any bankrupt:

It is understood that –

(a) the right of action in relation to a civil offence which has caused or is causing special damage to the bankrupt’s property is transferred to or exercised by the bankruptcy administrator; and

(b) a judgment in relation to a civil offence issued against a bankrupt before the date of the receiving order is amenable to verification in bankruptcy.

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Organizations with legal personality

7. An organization with legal personality does not receive compensation in relation to a civil offense unless it has suffered damage as a result thereof.

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Persons who have not completed their eighteenth year of age

8. A person who has not completed the age of eighteen may be prosecuted and, subject to the provisions of article 9, is prosecuted in relation to a civil offence:

It is understood that no action shall be brought against any such person in relation to a civil offence if such offence arises directly or indirectly from a contract entered into by such person.

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Persons who have not completed their twelfth year of age

9. No action shall lie against any person in respect of a civil offence committed by him when such person had not attained the age of twelve years.

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Spouses
10.-(1) Subject to the provisions of this article, each spouse shall have the same right to bring an action against the other for a civil offence as if they were not married.

(2) Neither spouse shall be liable for a civil offence committed at any time by the other spouse, except by virtue of the provisions of articles 11 and 12 of this Law.

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Colleagues, etc.

11. If two or more persons are jointly liable under the provisions of this Law for any act and such act constitutes a civil offence, such persons shall be jointly liable for such act as co-perpetrators, and may be held liable for this purpose jointly or severally:

It is understood that a person suffers damage due to a civil offense (whether it constitutes a crime or not)-

(a) a judgment given against any of the tortfeasors who is liable for such damage shall not affect in any way the bringing of an action against any other person who, if he were the plaintiff, would be liable as a co-perpetrator in respect of the same damage;

(b) if more than one action arises in respect of such damage by or on behalf of the person injured, or for the benefit of the estate or of the wife, husband, parent or child of such injured person, against the wrongdoers liable for the damage (whether as joint and several wrongdoers or otherwise), the amounts recoverable by way of compensation under the judgments given in such actions shall not exceed in the aggregate the amount of compensation awarded. was awarded by the judgment first given. and in any of these actions, other than the one in which the judgment was first given, the plaintiff is not entitled to costs unless the Court considers that there was a reasonable cause for bringing the action.

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Liability for acts committed by persons other than servants
12.-(1) For the purposes of this Law-

(a) Any person who assists, aids, authorizes, counsels, orders, promotes or approves an act committed or to be committed by another person shall be liable for that act.

(b) any person who employs an agent, who is not his servant, for the performance of any act or class of acts on his part shall be liable for everything done by such agent in the performance of such act or class of acts, as well as for the manner in which such agent performs it;

(c) any person who enters into a contract with any other person who is not his servant or agent, for the performance of an act on his part, shall not be liable for a civil offence arising while the performance of that act continues:

It is understood that the provisions of this paragraph do not apply, unless-

(i) That person was negligent in the selection of the contractor, or

(ii) that person interfered with the contractor’s work in such a manner as to cause the harm or damage, or

(iii) that person authorized or approved the act that caused the harm or damage, or

(iv) the act for the performance of which the contract was concluded was unlawful.

(2) None of the provisions contained in this article affects the liability of a person for his own acts.

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Responsibility of a master for the actions of his servant
13.-(1) For the purposes of this Law, the master is liable for every act done by his servant-

(a) Which he has authorized or approved, or

(b) which was committed by the servant during his employment:

It is understood that the master is not liable for an act committed by any person who is not his servant, to whom the servant wished, without his express or implied authorization, to delegate his duties.

(2) An act shall be deemed to have been done in the employment of a servant if it was done by him in his capacity as a servant and while he was performing the usual and incidental duties of his employment, regardless of the fact that such act was a defective manner of executing an act authorized by the master; but the act shall not be deemed to have been done in such manner if it was done by a servant acting for his own purposes and not on behalf of the master.

(3) For the purposes of this article, an act includes an omission.

(4) Nothing contained in this article shall affect the liability of any servant for any act done by that servant.

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When is knowledge of a representative or servant considered knowledge of the master?

14. Where, under the provisions of this Law, knowledge is required to be alleged or proved, knowledge of the agent or servant shall be deemed to be knowledge of the principal or master if such knowledge was acquired-

(a) by the agent while acting for and on behalf of the principal, or

(b) by the servant in the course of his employment in relation to the matter or thing in respect of which knowledge is thus necessary.

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Provisions concerning the armed forces
15.-(1) No act or omission of a member of the armed forces of the Republic while on duty as such shall render him liable to a civil offence for causing the death of another person, or for causing personal injury to another person, to the extent that the death or personal injury is due to anything suffered by that other person while he was a member of the armed forces of the Republic in connection with—

(a) At the time when such other person suffered it, he was either on duty as a member of the armed forces of the Republic or, if not on duty as such, was on land, premises, ship, aircraft or vehicle used at the material time for the purposes of the armed forces of the Republic; and

(b)(i) where such other person is a member of the armed forces of the Crown by right of the Government of the United Kingdom, the Minister for Pensions certifies that anything suffered is or will be deemed to be attributable to service for the purposes of granting a title under a Royal Warrant, Order in Council or Order of Her Majesty relating to the incapacity or death of a member of the force of which he is a member.

(ii) where such other person is a member of the armed forces of the Republic, the Ministerial Council certifies that anything suffered by him is or will be deemed to be attributable to service for the purposes of the provision of gratuity or pension under any legislation relating to the disability or death of a member of the force of which he is a member:

It is understood that this subsection shall not exempt a member of the above-mentioned forces from liability for a civil offence in any case in which the Court is satisfied that the act or omission was not connected with the performance of his duties as a member of the above-mentioned forces.

(2) If the Administrative Secretary is satisfied that it is a fact that-

(a) that a person was or was not on duty in a given case as a member of the armed forces of the Republic; or

(b) that at any given time any land, premises, ship, aircraft, vehicle, equipment or supplies were or were not used for the purposes of the above-mentioned forces, may issue a certificate certifying that this is the fact and for the purposes of this article, any such certificate shall be conclusive as to the fact which it certifyes.

(3) Certificate from the Municipality or the Secretary of State-

(a) that a person was or was not on duty in a given case as a member of the armed forces of the Crown by right of the Government of the United Kingdom; or

(b) at a given time any land, premises, ship, aircraft, vehicle, equipment or supplies whether or not used for the purposes of the forces concerned, shall, for the purposes of this article, be indisputable as to the fact to which it is attested.

(4) For the purposes of this section “member of the armed forces of the Crown”, unless the context otherwise requires, means a member of the armed forces of the Crown by right of the Government of the Colony or by right of the Government of the United Kingdom.

(5) Nothing in this section shall be deemed to confer by implication or otherwise any right of action against the Crown in the right of its Government in the United Kingdom.

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Liability or right in relation to a civil offence is not assignable.

16. The right to any remedy for a civil offense and any liability in connection therewith are not otherwise granted except by law.

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PART III CIVIL OFFENCES AND DEFENSES IN CERTAIN ACTIONS THEREFOR
Defamation
17.-(1) Defamation consists in the publication by any person in print, writing, drawing, likeness, gestures, words or other sounds, or by any other means of any nature, including transmission by wireless telegraphy, of any publication which-

(a) imputes a crime to another person; or

(b) attributes to another person inappropriate conduct in a public position; or

(c) naturally tends to damage or adversely affect the reputation of another person in his profession, calling, work, employment, or position; or

(d) is likely to expose another person to general hatred, contempt or ridicule; or

(e) is likely to cause the aversion or avoidance of any person by others.

For the purposes of this section, “crime” means a criminal offence or other punishable act under any law in force in the Republic, as well as an act committed anywhere which, if committed in the Republic, would be punishable therein.

(2) The liability of a person for a defamatory statement is not diminished solely because-

(a) it proceeds in the form of repetition or hearsay; or

(b) cites, in good time or later, the source on which the statement made is based; or

(c) subject to the provisions of articles 19, 20 and 21, believes the statement to be true; or

(d) did not actually intend to do so or to publish it about the plaintiff and what concerned him; or

(e) subject to the provisions of article 22, it shall be known as the existence of the plaintiff.

It is understood that the Court may take these or similar circumstances into account when awarding compensation.

(3) Without proof of special damage, no action for defamation may be brought for acts committed by gestures, words or other sounds, with the exception of transmission by wireless telegraphy, unless the acts, words or other sounds-

(a) They commit a crime which may result in the defendant being sentenced to corporal punishment or imprisonment on a first conviction;

(b) intend to harm or adversely affect the reputation of the plaintiff in his profession, trade, work, employment or position;

(c) they attribute to the perpetrator a contagious or infectious disease;

(d) they attribute adultery or lewdness to a woman or girl.

(4) Defamation is committed even if its defamatory meaning is not expressed directly or fully; it is sufficient that this meaning, and its reference to what is allegedly defamed, may be inferred either from the defamatory statement itself or from external circumstances, or some of the one and some of the other.

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Publication of a defamatory publication
18.-(1) A person publishes a defamatory publication if he causes such use of print, writing, drawing, likeness, gesture, speech or other sound or other means, by which the defamatory publication is transmitted, whether by exhibition, reading, recitation, description, delivery, communication, distribution, demonstration, expression, utterance or otherwise, so that the defamatory meaning thereof comes or is likely to come to the knowledge of any other person or-

(a) Of the person defamed thereby; or

(b) of the husband or wife who published the defamatory statement during the marriage.

(2) For the purposes of this article, communication by open letter or postal postcard, whether sent to the person defamed or to another, constitutes publication.

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Specific defenses in a defamation lawsuit

19. In a defamation action it is a defense-

(a) that the publication for which the action was brought was true:

It is understood that, where the defamatory publication contains two or more separate allegations against the plaintiff, a defense under this paragraph shall not be defeated solely on the ground that the truth of each allegation is not proven, if the part of the publication which has not been proven to be true does not substantially damage the reputation of the plaintiff, having regard to the truth of the remaining allegations.

(b) that the publication for which the action was brought was an honest comment on a matter of public interest:

It is understood that when the defamatory publication consists partly of an assertion of facts and partly of an expression of opinion, a defense of fair comment is not defeated solely on the ground that the truth of each assertion of facts is not proven, if the expression of opinion constitutes fair comment after taking into account those things alleged or referred to in the defamatory publication for which the action was brought, which are proven:

It is further understood that the defense under this paragraph shall not succeed if the plaintiff proves that the publication was not made in good faith within the meaning of subsection (2) of section 21 of this Law.

(c) that the publication of the defamatory publication was privileged by virtue of articles 20 and 21;

(d) that the defamation was committed without intent under article 22.

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Cases in which the publication of a defamatory publication is absolutely privileged
20.-(1) The publication of a defamatory publication is absolutely privileged in the following cases, namely-

(a) if the publication is published by the President of the Republic or the Council of Ministers or by any legislative body which may be established in the future, in an official document or proceeding;

(b) if the publication is published in the Council of Ministers or in any legislative body which may be established in the future and is published by the President of the Republic or by a member of the Council of Ministers or such Council or body;

(c) if the publication is published by order of the Council of Ministers

(d) if the publication is published in relation to a person subject to military, naval or police discipline and concerns his conduct as a person subject to such discipline, and is published by a person having authority over him in relation to such conduct and to a person having authority over him in relation to such conduct;

(e) if the publication is published in any judicial proceeding by the person participating in such proceeding as a judge, lawyer, witness or party;

(f) if the publication is in fact a fair statement of what has been said, done or published in the Council of Ministers or in any legislative body which may hereafter be established, and the publication was made by order or authority of such Council or body;

(g) if the publication is in fact a fair, accurate and up-to-date account of what has been said, done or shown in a judicial proceeding before any Court, and the Court has not prohibited such publication;

(h) if the publication is a copy or reproduction, or in fact a fair summary of a publication previously published, and the previous publication was or would have been privileged under the provisions of this article;

(i) whether the person publishing is legally obliged to publish the publication;

(j) if the publication was made in a military, naval or police report made for purposes of defense or security of the Republic:

It is understood that no provision contained in this article permits the publication of any seditious, blasphemous or obscene publication.

(2) Where the publication of a defamatory publication is absolutely privileged, under the provisions of subsection (1), it is immaterial whether the publication was true or false, and whether or not the defendant knew the falsehood of the publication and whether or not the publication was made in good faith.

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Cases in which the publication of a defamatory publication is subject to the privilege of the author
21.-(1) The publication of a defamatory publication is privileged, subject to the proviso that it was made in good faith, in the following cases, namely-

(a) if the relationship between the person by whom and the person to whom the publication was made is such that the person who published is under a legal, moral or social duty to publish it to the person to whom the publication was made and the latter has a relevant interest in receiving the publication or the person who published has a legitimate personal interest that needs protection, and the person to whom the publication was made is under a relevant legal, moral or social duty to protect the self due to interests:

It is understood that the publication does not exceed, either in extent or in substance, what is reasonably sufficient under the circumstances.

(b) if the publication is a charge made by one against the conduct of another, as to any matter in relation to which the former has authority, contractually or otherwise, over the other, or as to the character of the other to the extent that it is manifested in that conduct;

(c) if the publication is a complaint or accusation by a person against another person in relation to his conduct in any matter, or in relation to his character in so far as it is manifested in such conduct, which was made to a person who has authority, contractually or otherwise, over that other person in relation to such conduct or matter, or which was made to a person who has authority by law to investigate such conduct or matter or to receive complaints in relation to such conduct or matter;

(d) if the publication is published for the protection of the rights or interests of the person publishing it, or of the person to whom the publication was made, or of a third party in whom the person to whom the publication was made is interested;

(e) if the publication is a fair and accurate statement of what has been said, done or published in any legislative body which may be established in the future.

(2) The publication of a defamatory publication shall not be deemed to have been made in good faith by a person within the meaning of subsection (1) of this section, if it is shown that-

(a) The publication was untrue, and he did not believe it to be true; or

(b) the publication was untrue, and he proceeded with the publication without taking reasonable care to verify its truth or untruth; or

(c) in proceeding with the publication, he acted with the intention of harming the person defamed to a degree significantly greater or in a manner significantly different from that reasonably necessary for the public interest or for the protection of the private right or interest in relation to which he claims privilege.

(3) In an action arising in relation to the publication of a defamatory publication, if such publication could be considered privileged under the provisions of subsection (1), and the defence of privilege is raised, the burden of proving that such publication was not made in good faith shall be on the plaintiff.

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Defamation without intent
22.-(1) A person who has published a publication which is alleged to be defamatory of another may, if he claims that the publication was published by him without cause as regards the person defamed, make an offer for redress under this section; but in any such case-

(a) if the offer is accepted by the aggrieved party and duly executed, no legal action for defamation may be brought or continued by the aggrieved party against the person offered redress in respect of the publication in question (but without prejudice to any other basis of action against any other person jointly responsible for such publication);

(b) if the offer is not accepted by the party aggrieved, then, save as otherwise provided by this section, it shall be a defence, in an action for defamation brought by him against the person making the offer in respect of the publication in question, if it is proved that the publication in respect of which the action was brought was published by the defendant without cause as to the plaintiff and that the offer was made as soon as possible after the defendant became aware of the fact that the publication was or could be defamatory of the plaintiff, and the offer has not yet been withdrawn.

(2) An offer for redress under this section shall expressly state that it is made for the purposes of this section, and shall be accompanied by a sworn statement setting out the facts relied upon by the person making the offer to show that the publication in question was published by him without cause as to the party aggrieved; but for the purposes of a defence under paragraph (b) of subsection (1), no evidence, other than evidence of facts which specified in the affidavit, will not be accepted by him as proof that the publication was published in this manner.

(3) An offer for redress under this section must be understood to mean-

(a) in each case, an offer to publish or participate in the publication of an appropriate version of the publication for which the action was brought, as well as an adequate apology to the person affected in relation to the said publication;

(b) if copies of a document or written matter containing the publication in question have been distributed by or to the knowledge of the person making the offer, an offer to take such steps as are reasonably practicable on his part to bring to the attention of the persons to whom such copies have been so distributed that the publication is alleged to be defamatory of the party affected.

(4) If the person aggrieved accepts an offer of redress under this section-

(a) any question relating to the measures to be taken to implement the offer, as accepted, shall, in the absence of agreement between the parties, be referred for resolution to the Court, whose decision thereon shall be final;

(b) the power of the Court to make orders as to costs in respect of any proceedings brought by the aggrieved party against the person who made the offer in respect of any publication or proceedings in respect of the offer under paragraph (a) of this section shall include power to order the payment of costs by the person who made the offer to the aggrieved party on a cover basis and any costs which the aggrieved party has reasonably incurred or will incur. arising out of the publication, but if judicial measures are to be taken as aforesaid, the Court may, on the application of the party aggrieved, issue any such order for the payment of such costs and expenses as it may hereafter issue and after such judicial measures are taken.

(5) For the purposes of this section, a publication is deemed to have been published by a person (in this section referred to as “the publisher”) without cause in relation to another if and only if the following conditions are met, namely-

(a) that the publisher did not intend to publish it for the other and that it concerned him, and there were circumstances from which the publication could be considered to relate to him; or

(b) that the publication was not defamatory in itself, and the publisher knew of circumstances from which it could be considered defamatory of that other person, but in any other case that the publisher exercised reasonable care in relation to the publication; any reference in this section to the publisher shall be construed as including a reference to any servant or representative of the publisher who is involved in the content of the publication.

(6) Paragraph (b) of subsection (1) of this section shall not apply in so far as it relates to the publication by any person who published a publication which was not written by him unless he proves that the publication was written by the author without malicious intent.

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Reduction of damages for defamation

23. The defendant for defamation, with reasonable notice to the plaintiff of his intention to act in this manner, may, for the purpose of reducing any damages awarded, prove-

(a) that he made or offered an apology to the plaintiff before the commencement of the action or, at the earliest, immediately after he was given the opportunity, if the action was commenced before he was given the opportunity to do so;

(b) that the defamatory publication was contained in a newspaper, for which a license was issued under the provisions of the Press Law which is still in force, and that the plaintiff has already received compensation, or has brought an action for it, or has received or agreed to receive some compensation in respect of a defamatory publication with the same spirit or meaning as the defamatory publication for the publication of which this action was brought;

(c) that before the publication of the defamatory publication the plaintiff enjoyed a generally bad reputation in relation to the particular distinctive character that was attacked by the defamation

(d) that the defendant was provoked by the plaintiff, and the Court may, after taking into account the circumstances of the case, take into account all or any of these matters when calculating the damages.

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Special defense in case of defamatory publication published in a newspaper

24. In an action brought against the proprietor of a newspaper, for which a publication licence was issued to him which is still in force under the provisions of the Press Law, in relation to a defamatory publication contained in that newspaper, if the proprietor of the newspaper deposits in the Court a sum of money which in the opinion of the Court constitutes sufficient redress and no other defence is advanced in his favour, he may prove in his defence-

(a) that the defamatory publication was published in the newspaper without actual malicious intent; and

(b) that there was no serious failure to exercise due diligence for which he is liable in connection with the publication in the newspaper of the defamatory publication; and

(c) that before the commencement of the action or as soon as possible after he was given the opportunity, if the action was commenced before he was given the opportunity to do so, he gave a full apology to that newspaper, or if the newspaper is published at intervals exceeding a week, that he offered to publish the apology in any newspaper of the plaintiff’s choice.

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Harmful falsehood
25.-(1) Malicious perjury consists in the malicious publication of a false statement, verbally or otherwise, which concerns-

(a) The profession, trade, work, occupation or position of another; or

(b) the goods of another; or

(c) the title of ownership of another:

It is understood that, subject to the provisions of subsection (2), no one shall be entitled to compensation for harmful falsehood, unless he has suffered special damage as a result thereof.

(2) In an action under subsection (1), it shall not be necessary to allege or prove special damages-

(a) if the words on which the action is based are intended to cause the plaintiffs a loss of value in money and are published in writing or in any other permanent manner; or

(b) if the above words are intended to cause the plaintiff to suffer a loss of value in money in relation to any position he holds or profession, occupation, trade or work which is exercised by him at the time of publication.

(3) For the purposes of this article “publication” has the meaning assigned to that term in article 18 in relation to a defamatory publication.

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Attack
26.-(1) Assault consists of the intentional use of any kind of force against the person of another, whether by striking, touching, moving or otherwise, whether directly or indirectly, without his consent, or with his consent if the consent therefor was obtained by fraud, or following an attempt or threat by an act or gesture of using such force against the person of another if the person attempting or threatening to use force causes the other to believe, which is established on reasonable grounds, that he has at the relevant time the intention and ability to carry out his purpose.

(2) For the purposes of this article, the expression “use of force” includes the use of heat, light, electrical energy, gas, smell or any other substance or thing, if used to such an extent as to cause damage.

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Special defense in an assault lawsuit

27. In any action brought for assault it shall be a defence-

(a) That the defendant acted in self-defense or in defense of another person against the unlawful use of force by the plaintiff, and that in so doing he did not exceed what was reasonably necessary for that purpose and the harm caused to the plaintiff by the attack was not disproportionate to the harm he sought to prevent;

(b) that the defendant, while being the owner of immovable property or acting with the authorization of the owner, used force to a reasonable degree to prevent the unlawful entry of the plaintiff into that immovable property or to expel the plaintiff who entered or remained therein unlawfully:

It is understood that-

(i) If the plaintiff has not entered, nor attempted to enter, the immovable property in question by force, the defendant must first call upon the plaintiff not to enter or, having already entered, to leave the immovable property and to provide the plaintiff with a reasonable opportunity to comply quietly with this call.

(ii) the force used must not exceed the limit of forcible obstruction or removal and, except when the applicant seeks to enter by using force amounting to a felony, must not involve beating, injury or other physical harm;

(c) the defendant, who is entitled to possession of movable property, used force to a reasonable degree to defend his possession or, if the plaintiff unlawfully took or retained it from him, the defendant used force to a reasonable degree to recover possession of that property from the plaintiff:

It is understood that-

(i) If the plaintiff has not entered, nor attempted to enter, the immovable property in question by force, the defendant must first call upon the plaintiff not to enter or, having already entered, to leave the immovable property and to provide the plaintiff with a reasonable opportunity to comply quietly with this call.

(ii) the force used must not exceed the limit of forcible obstruction or removal and, except when the applicant seeks to enter by using force amounting to a felony, must not involve beating, injury or other physical harm;

(d) that the defendant acted or lawfully assisted in the execution of a warrant, conviction, order of execution or order of seizure issued by any Court or other lawful authority competent for this purpose, it being presumed that the act for which an action is brought was permissible by them and regardless of any defect existing in them or in their issuance.

(e) that the defendant was of unsound mind or suffered from some mental or physical disability and the force used was or appeared to be reasonably necessary for the protection of himself or another, and was exercised in good faith and without malicious intent.

(f) that the plaintiff and defendant were both members of the armed forces of the Republic, and that the defendant also acted with authority and in accordance with the provisions of any law or other legislation applicable to those forces.

(g) that the defendant was the plaintiff’s parent, guardian or teacher or another person in a relationship similar to the above, but imposed on the plaintiff only such punishment as was reasonably necessary for his correction.

(h) that the defendant acted in good faith for the benefit, as he had reason to believe, of the plaintiff, but was unable to secure the plaintiff’s consent before the act was done because the circumstances were such that it was impossible for the plaintiff to declare his consent or for something else that the plaintiff has the legal custody to consent on his part, and the defendant had reason to believe that it would be to the plaintiff’s benefit not to delay the performance of that act.

CHAPTER 148
Liability for assault on a representative or servant

28. Notwithstanding the provisions of this Law, a principal or a master shall not be liable for an assault committed by his agent or servant unless he expressly authorized or approved it.

CHAPTER 148
Unlawful detention of a person

29. Unlawful detention of a person consists of the unlawful complete deprivation of a person’s liberty for any period of time by physical means or by a display of authority:

It is understood that any parent, guardian or teacher may temporarily deprive the child, ward or student, respectively, of his liberty for such time as he deems reasonably necessary for his correction.

CHAPTER 148
Special defenses in a lawsuit for unlawful detention of a person

30. In an action brought for unlawful detention of a person, it is a defence to-

(a) that the defendant acted or lawfully assisted in the execution of a warrant, conviction, order of execution or order of seizure issued by any Court which held that the act for which the action was brought was permissible by them and notwithstanding any defect in them or in their issuance;

(b) that the plaintiff was lawfully detained in accordance with the provisions of any legislation;

(c) that the plaintiff was of unsound mind or suffered from some mental or physical infirmity, and that the restriction was, or appeared to be, reasonably necessary for the protection of himself or another, was exercised in good faith and without malicious intent;

(d) that the act for which the action was brought was such that failure to perform it would result in sanctions for the person who performed it under the provisions of any legislation;

(e) that the plaintiff and defendant are both members of the armed forces of the Republic, and that the defendant acted with authority and in accordance with the provisions of any law or other regulation applicable to those forces.

CHAPTER 148
Third party liability for unlawful retention committed by his agent or servant

31. Notwithstanding the provisions of this Law, a principal or principal shall not be liable for the unlawful detention of another person by the agent or his servant unless he expressly authorized or approved such detention.

CHAPTER 148
Malicious prosecution

32. Malicious prosecution consists in the actual, malicious and without reasonable and probable cause initiation or continuation of unsuccessful criminal, bankruptcy or company dissolution proceedings against another person, if such proceedings-

(a) Caused scandal to the faith or reputation of that person or possible loss of his liberty; and

(b) concluded, if in reality it could have been concluded in this way, in favor of this person:

It is understood that no action for malicious prosecution shall be brought against any person solely because that person provided information to a competent authority which initiated any proceedings.

CHAPTER 148
Third party liability for malicious prosecution by his representative or servant

33. Notwithstanding the provisions of this Law, a principal or principal shall not be liable for malicious prosecution initiated by his agent or servant unless he expressly authorized or approved such prosecution.

CHAPTER 148
Unlawful incitement to breach of contract
34.-(1) A person who, for reasons other than the promotion of a strike or lockout in relation to a labour dispute arising in the work or industry in which the strikers or lockouts are employed, knowingly and without sufficient justification, causes any other person to breach a legally binding contract with a third party, commits a civil offence against the third party.

(2) For the purposes of this article, the relationship created by marriage is not considered contractual.

CHAPTER 148
Unfair competition

35. A person who, by imitating the name, description, mark or inscription of goods or otherwise, causes or attempts to cause any goods to be taken as the goods of another person, in a manner which is likely to lead a reasonable purchaser to believe that he is purchasing goods of that other person, commits a civil offence against that other person:

It is understood that no one commits a civil offense solely for the reason that he uses his own name in connection with the sale of goods.

CHAPTER 148
Fraud

36. Fraud consists in a false representation of a fact, which is made with knowledge of its falsity, or without belief in its truth, or recklessly, regardless of how true or false it is, with the intention that the person deceived will act on the basis of it:

It is understood that no action arises on such a representation unless it was made with the intention of deceiving the plaintiff and actually deceived him, and he acted on the basis thereof and suffered damage as a result:

It is further understood that no action shall arise on any such representation as to the character, conduct, faith, ability, reputation or dealings of any person, which was made for the purpose of securing credit, money or goods to such person, unless such representation was made in writing and signed by the defendant himself.

CHAPTER 148
Unlawful retention of property
37.-(1) Unlawful retention of a thing consists in the unlawful retention of movable property by any person entitled to its direct possession.

(2) In an action brought for unlawful retention of property, the burden of proof that the retention was lawful shall be borne by the defendant.

CHAPTER 148
Jurisdiction of the Court in an action for unlawful retention of property

38. In an action brought for unlawful detention of property, the Court may, after taking into account the circumstances of the case, order the return of the property detained in addition to any other remedy provided by this Law or in lieu of such remedy.

CHAPTER 148
Customization

39. Appropriation consists of an unlawful physical act which affects movable property and establishes a claim to deal with it in a manner incompatible with the rights of any person entitled to its direct possession.

CHAPTER 148
Special defenses in a lawsuit for appropriation

40. In an action for the appropriation of movable property, it is a defense that the defendant purchased it in good faith.

(a) in a public market by a person who customarily carries on in that market the trade of ownership of the kind to which the ownership which is alleged to be the object of the appropriation falls falls; or

(b) in a shop where ownership of the item to which the ownership which allegedly constitutes the object of the appropriation falls falls and by its owner.

CHAPTER 148
A third party right is not a defense in an action for appropriation

41. In an action brought for the appropriation of movable property, the defendant may not invoke as his defense against the person entitled to the direct possession of such property the right of any third person.

CHAPTER 148
Jurisdiction of the Court in an action for appropriation

42. In an action brought for the appropriation of movable property, the Court may, after taking into account the circumstances of the case, order the return of the property appropriated, in addition to any other remedy provided by this Law or in lieu of such remedy.

CHAPTER 148
Unlawful interference with immovable property
43.-(1) Unlawful interference with immovable property consists of unlawful entry into or unlawful damage to or unlawful interference with such property by any person.

(2) If the act for which the action is brought is permissible by local custom, this, once proven, constitutes a defence, but in an action brought for unlawful interference with immovable property the burden of proving that the act for which the action is brought was not unlawful shall be borne by the defendant.

CHAPTER 148
Unlawful interference with movable property
44.-(1) Unlawful interference with movable property consists of-

(a) unlawful disturbance of such property or unlawful interference with it; or

(b) any unlawful act which directly causes damage to it,

provided that such disturbance or interference was caused or such act was committed by any person.

(2) In an action brought for unlawful interference with movable property, the burden of proving that the act for which the action is brought was not unlawful shall lie on the defendant.

CHAPTER 148
Public nuisance

45. Public nuisance consists of an unlawful act, or an omission to perform a legal obligation, if such act or omission endangers the life, safety, health, property or comfort of the public or obstructs the public in the exercise of a public right:

It is understood that no action is brought for public obscenity, but only

(a) by the Attorney General of the Republic for the issuance of a prohibitory order; or

(b) by the person who suffered special damage as a result thereof.

CHAPTER 148
Private theft

46. ​​Private trespass consists in a person displaying conduct or carrying on his business or using immovable property belonging to him by ownership or occupied by him, in a manner that habitually interferes with the reasonable use and enjoyment, having regard to the location and nature thereof, of the immovable property of any other person:

It is understood that the plaintiff is not entitled to compensation in relation to private theft unless he suffered damage as a result of it:

It is further understood that the provisions of this article do not apply insofar as they relate to interference with light.

CHAPTER 148
Special defense in a lawsuit for private theft

47. It is a defence in an action for private tort that the act for which the action is brought was done under the terms of any agreement or contract binding on the plaintiff, which operates for the benefit of the defendant.

CHAPTER 148
A crime that involves the possession of the perpetrator

48. It is not a defense in an action for private theft that the theft precedes the plaintiff’s acquisition of ownership or possession of the real property affected by the theft.

CHAPTER 148
Reservation

49. Nothing contained in sections 45 to 48, inclusive, shall be deemed to affect the provisions of the Municipalities Law relating to theft.

CHAPTER 148
Intervention in light

50. It is a civil offence for a person to obstruct or otherwise obstruct the enjoyment of a reasonable amount of light by the owner or occupier of immovable property, having regard to the location and nature of such immovable property, provided that such owner or occupier or the predecessor in title of either or both has had uninterrupted enjoyment of light, otherwise than under the terms of an agreement or contract for a period of not less than the fifteen years immediately preceding the obstruction or obstruction.

CHAPTER 148
Negligence

51. Negligence consists of-

(a) in doing an act which a reasonable person in the circumstances would not have done or in omitting to do an act which such a person in the circumstances would have done; or

(b) the failure to exercise such skill or care in the exercise of a profession, trade or occupation as a reasonable person, qualified to exercise that profession, trade or occupation, would exercise in the circumstances, and the causing of damage thereby:

It is understood that only the person to whom the person responsible for the negligence was under an obligation, under the circumstances, not to show negligence, may be compensated for this.

(2) An obligation not to show negligence exists in the following cases, namely-

(a) Subject to the terms of a lease or contract applicable to the possession of immovable property, the holder of the immovable property is under such an obligation towards its owner.

(b) the owner of immovable property is under such an obligation towards every person acting lawfully, as well as towards the owner of any lawfully acquired property, within, on or so near such immovable property as in the ordinary course of things to be affected by the negligence:

It is understood that the owner and the occupier of immovable property are jointly liable for the maintenance and repair of such immovable property, against any person not present, as well as against the owner of the property not present in or on such immovable property or in or on any immovable property which is contiguous and occupied with such immovable property by the owner and the occupier thereof or by any of them:

It is further understood that the owner of real property shall not be liable in relation to the condition or maintenance or repair of such real property to a bare licensee who is or whose property is located, within or on such real property, except to warn him of any hidden or unnoticed danger within or on such real property, of which the owner is aware or should reasonably be presumed to be aware.

For the purposes of this article, “simple permit holder” means any person who lawfully enters immovable property otherwise

(i) in relation to work in which the owner of the immovable property has an interest; or

(ii) in the lawful execution of a public duty under the provisions of any legislation or otherwise, and includes invitees, except those who are paid, and the servants of the owner of the immovable property.

(c) The owner of an animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport is liable to such an obligation against any person transported, or against the owner of movable property transported, for remuneration, in or on such animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport, as well as against any other person who is and is the owner. any property that is so close to the animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport in question that in the ordinary course of things it would be affected by the negligence.

For the purposes of this paragraph, it is immaterial whether or not the remuneration is paid by the person so transferred or by the owner of the movable property so transferred.

(d) All persons who are, as well as the owner of movable property, within or on immovable property or public or private premises or an animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport, other than the owner of the immovable property or the owner of the animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport, are subject to such obligation towards the owner. and the owner of such immovable property as well as against the owner thereof in respect of an animal, vehicle, railway carriage, boat, ship, aircraft or other means of transport, as well as against any other person as well as against the owner of property, which a reasonable person could foresee as likely in the ordinary course of things to be affected by the negligence.

(e) A person who exercises, for remuneration or otherwise, a profession, trade or occupation or provides services to another person is liable to such an obligation towards any person on whose behalf or on whose property he exercises the profession, trade or occupation or to whom he provides the service.

CHAPTER 148
Burden of proof of negligence when damage is caused by dangerous things

52. In an action arising in relation to damage, where it is proved that-

(a) that the damage was caused by any dangerous thing or fire or animal, or by the escape of any thing, the escape of which is likely to cause damage, and

(b) that the defendant was the owner or had the responsibility for the thing or was the holder of the property from which the said thing escaped, the defendant bears the burden of proving that there is no negligence for which he is liable in relation to that dangerous thing or the escape of that thing.

CHAPTER 148
Burden of proof of negligence when damage is caused by fire

53. In an action arising in relation to damage, where it is proved that-

(a) that the damage was caused by or due to fire, and

(b) that the defendant started the fire or is responsible for starting the fire or was the owner of the immovable property or the owner of the movable property from which the fire started, the defendant bears the burden of proving that there was no negligence for which he is responsible in relation to the starting or spread of the fire.

CHAPTER 148
Burden of proof of negligence when damage is caused by an animal

54. In an action arising in relation to damage, where it is proved that-

(a) that the damage was caused by a wild animal, or by another animal which is not wild which had, as the defendant knew, or must be presumed to have known by evidence, the tendency to commit the act by which the damage was caused; and

(b) that the defendant was the owner or had responsibility for that animal, the defendant bears the burden of proving that there was no negligence for which he is liable in relation to that animal.

CHAPTER 148
Burden of proof of negligence in certain cases

55. In an action arising in relation to damage, where it is proved that-

(a) That the plaintiff lacks knowledge or means of knowledge of the facts which caused the event which led to the damage, and

(b) that the damage was caused by property over which the defendant had full control, and it is considered by the Court that the occurrence of the event which caused the damage is more related to the fact that the defendant failed to exercise reasonable care than to the exercise of such care, the defendant bears the burden of proving that there was no negligence for which he is liable in relation to the event which led to the damage.

CHAPTER 148
Special defenses in a negligence lawsuit

56. In an action for negligence, it is a defence, regardless of whether the defendant has proved negligence-

(a) that a third party was negligent, and the negligence shown by the third party was the decisive cause of the damage; or

(b) that the damage was due to the occurrence of an unusual natural event unforeseeable to a reasonable person and whose consequences could not have been prevented by the exercise of reasonable care.

CHAPTER 148
Allocation of liability in case of concurrent negligence
57.-(1) If any person suffers damage as a result partly of his own fault and partly of the fault of another or others, the claim in respect of such damage shall not be excluded on account of the fault of the person who suffered the damage, but the compensation to be paid to him shall be reduced to such extent as the Court may deem just, having regard to the proportion of his liability for the damage:

It is understood that-

(a) This subsection does not operate to defeat any defence arising from a contract.

(b) where a claim is subject to a convention or statute providing for a limitation of liability, the amount of compensation payable to the person making the claim under this section shall not exceed the maximum limit so applicable.

(2) Where compensation is to be paid to any person under subsection (1) which is subject to such reduction as is referred to in that subsection, the Court shall find and record the full compensation which would have been payable if there had been no fault on the part of the person making the claim.

(3) Section 64 (which relates to contribution between joint and several tortfeasors) applies in any case in which two or more persons are or would be liable, if they were all acting, under section (1) in respect of damage suffered by any person.

(4) Where a person dies as a result partly of his own fault and partly of the fault of another or others, and because of this, if an action is brought for the benefit of the estate under section 34 of the Administration of Inheritances Law, the compensation to be paid shall be reduced under subsection (1) of that section, any compensation to be paid in an action under section 58 of that Law shall be reduced to a corresponding extent.

(5) When subsection (1) of this section applies, and one of the guilty parties avoids liability against another guilty party or his personal representative by invoking section 68 of this Law, he shall be deprived of the right to claim compensation or contribution from the other party or his personal representative by virtue of that subsection.

(6) Article 21 of the Convention contained in the First Schedule to the First Schedule to the Air Transport (Colonies, Protectorates and Trust Territories) Order, 1934 (which confers on the Court the power to discharge from liability, in whole or in part, the carrier who proves that the damage was caused by the negligence or contributory negligence of the person who suffered the damage) shall apply subject to the provisions of this article.

(7) For the purposes of this article-

“damage” includes loss of life and personal injury.

“fault” means negligence, breach of duty arising from any law or other act or omission from which liability in a civil offence arises or from which the defence of contributory negligence may be based, other than this Law.

CHAPTER 148
No right to compensation for shortening of life span
57A.-(1) In an action for damages for personal injury-

(a) No compensation shall be recovered in respect of any reduction in the probable life expectancy of the person injured, but

(b) if the life span of the person injured has been shortened by the bodily injury, the Court, in calculating damages for pain and suffering, must take into account any suffering which has been caused or which is likely to be caused by the knowledge that his life span has been so shortened.

(2) The reference in paragraph (a) of subsection (1) to compensation for reduction in the probable duration of life does not include compensation for loss of income.

CHAPTER 148
Right to sue in relation to an act causing death
58.-(1) In the event of the death of a person as a result of a civil offence which, if death had not followed, would have given that person the right to bring an action and to receive damages on account of the civil offence, the person who would have been liable for that civil offence if death had not followed shall, notwithstanding the death, be liable to pay damages.

(2) Subject to the provisions of section (8), the action shall be brought in favor of the dependents of the deceased.

(3) For the purposes of this article “dependent” means the following, regardless of age-

(a) The spouse of the deceased;

(b) any stepparent or other relative of the deceased;

(c) any person whom the deceased treated as his parent;

(d) any child or other descendant of the deceased;

(e) any person (not being a child of the deceased) who, in the case of any marriage in relation to which the deceased was at any time a party, the deceased treated as a child of the family in relation to the above-mentioned marriage;

(f) any person who is a brother, sister, uncle or aunt of the deceased or is a child of any of them.

(4) For the purpose of ascertaining any relationship for the purposes of subsection (3) above-

(a) a person adopted under the Adoption Law is considered to be the child of the person who adopted him and not the child of any other person.

(b) any relationship by marriage shall be deemed to be a relationship by blood, any relationship by a step-parent as a relationship by a sibling, and the ancestor of any person as his child, and

(d) an illegitimate child shall be considered as the natural child of his mother and his alleged father.

(5) For the purposes of subsection (3) above, “child” includes a child in utero.

(6) Any reference in this article to bodily harm includes any disease and any impairment (debilitation) of physical or mental condition.

(7) An action under this section may consist of or include a claim for damages for loss (bereavement).

(8) A claim for damages for loss shall only be for the benefit of-

(a) the spouse of the deceased or the spouse of the deceased and his or her children;

(b) in the event that there is no spouse or children of the deceased—

(i) of his parents, if he was a child born before or during the marriage of his parents,

(ii) his mother, if he was a child born out of wedlock of his parents,

(iii) his father, if he had acknowledged it;

(9) The amount to be awarded as compensation for loss is set at £10,000.

(10) In the event of a claim for damages for loss for the benefit of the spouse and children of the deceased or, in their absence, for the benefit of both parents of the deceased, the amount awarded, after deducting any costs not recovered from the defendant, shall be divided equally between them.

(11) The action is brought by and in the name of the executor or administrator of the deceased.

(12) Av-

(a) there is no executor or administrator of the deceased; or

(b) if no action is brought within twelve months of the death of the deceased by and in the name of the executor or administrator of the deceased, the action may be brought by and in the name of all or any of the persons for whose benefit the executor or administrator could have brought it.

(13) No more than one action shall be brought for the same death.

(14) The plaintiff in the action is obliged to provide the defendant or his lawyer with full details of the persons for whom and on whose behalf the action is brought, as well as the nature of the claim, in relation to which the recovery of damages is sought.

(15) In the action such damages, other than damages for loss, may be awarded as are proportionate to the loss arising from the death to the dependants respectively, and after deducting any costs not recovered from the defendant, any amount recovered otherwise than as damages for loss shall be divided among the dependants in such shares as the Court may direct.

(16) In an action under this section, in calculating the compensation to be paid to a widow in respect of the death of her husband, no account shall be taken of the widow’s remarriage or her prospects of remarriage.

(17) If dependents incur funeral expenses in relation to the deceased, compensation may be awarded in relation to these expenses.

(18) Money deposited in Court for the satisfaction of claims may be deposited as a lump sum without specifying the share of any person.

(19) Benefits which have accrued or will accrue or may accrue to any person by inheritance or otherwise as a result of his death shall not be taken into account in an action for the purpose of calculating compensation for his death.

(20) The action must be brought within three years of the death of the deceased.

CHAPTER 148154(I)/2002
Interest in case of damages
58A. In any proceedings before any court for the recovery of damages for bodily injury or death resulting from a civil offence, the court shall, unless it is satisfied that there are experts to the contrary, award annual interest equal to the amount of interest determined in accordance with the provisions of subsections (2), (3) and (4) of section 33 of the Courts Law, in respect of all or part of the amount of damages awarded, for all or part of the period between the date on which on which the actionable right arose and the date of registration of the action:

It is understood that for pending actions or claims the interest rate, in respect of the whole or part of the amount for the whole or part of the period, as the court deems appropriate, amounts to 6% for the period between the date on which the actionable right arose and the commencement of the Civil Offences (Amendment) Law of 1996 and to 8% from the commencement of the Civil Offences (Amendment) Law of 1996 until the date on which the Civil Offences (Amendment) Law of 2008 and from that date until the final repayment of the amount of the decision, the interest rate is determined in accordance with the provisions of this article.

CHAPTER 14849(I)/199782(I)/2008
Special defense that the plaintiff voluntarily exposed himself to a state of affairs that causes a civil offense

59. In an action for a civil offence it is a defence that the plaintiff had knowledge and understanding or ought to have had knowledge and understanding of the state of affairs causing the damage and that he voluntarily exposed himself or his property to it:

It is understood that the provisions of this article do not apply to an action brought for a civil offense, if such offense was due to the non-fulfillment of an obligation imposed on the defendant by any legislation:

It is further understood that a child who has not completed the age of twelve is not considered capable of having knowledge or understanding of such a state of affairs or of voluntarily exposing himself or his property to it.

CHAPTER 148
Special defense that the act was committed pursuant to a statute

60. In an action brought for a civil offence, it is a defence that the act for which the action is brought was done lawfully and in accordance with the provisions of any legislation.

CHAPTER 148
PART IV VARIOUS PROVISIONS FOR THE SEARCH FOR TREATMENT MEANS
Compensation is paid only once.
61.-(1) No person who has received compensation or other remedy for a civil offence, nor any person who asserts a claim through him, shall receive further compensation for the civil offence in question.

(2) No person shall be entitled to compensation or other remedy for a civil offence if that civil offence also constitutes a breach of any contract, or a breach of an obligation similar to those created by a contract, and for that breach of contract or obligation, compensation has been awarded to him or to any person through whom he claims by any Court or arbitrator.

(3) No person shall be entitled to compensation for a civil offence if that civil offence also constitutes a crime or a breach of an obligation imposed by any enactment, and compensation for that offence has been awarded to him or to any person through whom he claims under the provisions of any enactment.

CHAPTER 148
Compensation shall not be paid under this Law or under any other workers’ compensation law.

62. Notwithstanding the provisions of any legislation on workers’ compensation in force in the Republic, no employee (the term being deemed to include, for the purposes of this article, his dependants) shall not receive from his employer, by reason of the occurrence of any event, as much compensation under the provisions of this Law as compensation under the provisions of this legislation for injury or damage caused by such event.

CHAPTER 148
No action shall be brought for a contract if damages have been awarded for a civil offense.

63. Notwithstanding the provisions of the Contract Law, no person shall be entitled to compensation for the breach of any contract or obligation similar to those created by a contract if such breach also constitutes a civil offence, and compensation or other remedy for such civil offence has been awarded to him or to any person through whom he brings the claim by any Court.

CHAPTER 148
Contributions from co-perpetrators, etc.
64.-(1) Where a person suffers damage as a result of a civil offence, any co-perpetrators who are liable in respect of such damage may be assisted by any other tortfeasor who is, or would have been, liable in respect of such damage, whether as a co-perpetrator or otherwise, so that no person shall be entitled to be assisted by virtue of this section by a person who is entitled to cover therefrom in respect of liability in respect of the damage. which the contribution is sought.

(2) In any judicial measure under this section the amount of the contribution to be paid by any person shall be such amount as the Court may find just having regard to the extent of that person’s liability for the damage and the Court shall have power to exempt any person from the obligation to contribute or to order that the contribution to be paid by any person be restored to full coverage.

CHAPTER 148
Amounts not taken into account when calculating compensation

65. In calculating the compensation to be paid for a civil offence, no account shall be taken of any amount

(a) What was paid or what is to be paid under a contract of security or insurance in relation to that civil offence;

(b) which was paid or which must be paid by the Social Insurance Fund as a benefit or allowance to an insured person as a result of the same circumstances which create the legal obligation for compensation in relation to this civil offence.

CHAPTER 148
Compensation for libel published in a newspaper
66.-(1) If the plaintiff, who has obtained a judgment in his favour, in an action brought against the proprietor of a newspaper for a libel published in that newspaper, shows in the Court which tried the case that it is impossible to obtain the execution of the judgment of the Court in relation to that libel by execution against the immovable or movable property of the defendant, the Court may order the execution of the judgment against those who signed the guarantee given by or on behalf of the defendant under section 4(1)(b) of the Act on Newspapers, Books and Printing Presses Act of 1934, under the relevant section of any law amending or replacing the said Act, and to order that execution be effected against the security, which may have been provided by those who signed this guarantee or by any of them:

It is understood that the liability of those who signed the guarantee in no case exceeds their liability under the guarantee:

It is further understood that the plaintiff must deliver to the competent Minister a copy of any judicial decree issued under this article.

(2) The Governor with the advice and assistance of the Chief Justice may from time to time in writing under the hand and official seal of the Governor and the signature of the Chief Justice issue Procedural Regulations-

(a) for the regulation of practice and procedure, and

(b) for determining the fees to be imposed or paid, in relation to any judicial measure under this article.

CHAPTER 148
A civil offense that is also a crime

67. It is not an impediment to an action for a civil offence that the facts on which the action is based constitute a crime or a criminal offence under the provisions of any legislation.

CHAPTER 14829(I)/2000
Limitation of actions in a civil offense

68. No action shall be brought for a civil offence unless it is brought-

(a) within three years immediately following the act or omission for which the action was brought, or

(b) if the civil offence causes new damage in a continuous manner from day to day, within three years from its cessation, or

(c) if the basis of the action does not arise from the commission of any act or omission to commit an act but from the damage resulting from that act or omission within the three years immediately following the date on which the plaintiff suffered the damage, or

(d) if the civil offence was fraudulently concealed by the defendant, within three years from its discovery by the plaintiff, or from the time it would have been discovered by him if he had exercised reasonable care and diligence:

It is understood that if, at the time the basis of the action first arises, the plaintiff has not completed the eighteenth year of age or is not of sound mind or the defendant is not in the Republic, these three-year time limits shall not begin to run until the plaintiff has completed the eighteenth year of age or ceases to be of sound mind or the defendant returns to the Republic:

It is further understood that no provision contained in this article shall be deemed to affect the provisions of article 34 of the Administration of Inheritance Law and article 58 of this Law.

CHAPTER 148171(I)/2006
PART V MISCELLANEOUS PROVISIONS
Reservation

69. Nothing in this Act shall be deemed to affect-

(a) the jurisdiction of the courts of the Republic, or

(b) the provisions of any law as it relates to claims against the Government of the Republic, or

(c) the provisions of the Companies Law, or

(d) the provisions of section 40 of the Civil Aviation Act, 1949 (as set out in paragraph 10 of Schedule I to the Colonial Civil Aviation (Application of the Act) Orders, 1952 and 1953).

CHAPTER 148
Note
Observations of the Cyprus Legislation Review and Harmonization Service

1. The basic law came into force on January 1, 1933.
2. With regard to article 3 of the basic law as to the right to remedy for a civil offence committed in the Republic or within three miles of its coast, see article 3 of the Territorial Zone Law of 1964 (45 of 1964) by which the Territorial Zone of the Republic was extended within a radius of twelve miles from the coast of the Republic.
3. The English text of the basic law includes, in subsection (1) of article 4, provisions which exclude the institution of an action for a civil offence against the Queen of England. The provisions have been translated into Greek as they are but their amendment should be considered in view of the Constitutional Provisions currently in force.
4. The English text of the basic law includes in article 15(1)(b)(i) and in subsections (3), (4) and (5) provisions relating to the armed forces of the United Kingdom. The provisions have been translated into Greek as they stand but their amendment should be considered due to the Constitutional Provisions in force today.
5. The English text of the basic law in section 17(3)(a) includes a reference to corporal punishment. The reference has been translated into Greek as it stands but the amendment of the basic law should be considered due to the abolition of corporal punishment by section 2 of the Criminal Code (Amendment) Act, 1972 (92 of 1972).
6. The Civil Offences (Amendment) Law of 1992 (73(I) of 1992) section 3, provides that this amending law shall apply to civil offences under section 58 of the principal law which shall have occurred from the date of its publication in the Official Gazette of the Republic.
7. Part IV of the principal Act as it stood before its repeal by the Civil Offences (Amendment) Act, 1973, was repealed by section 18 of that Act with effect from 1 January 1954. (The English text erroneously gives 1 January 1957 as the date of repeal).
8. The English text of the basic law includes in article 66(2) provisions relating to the issuance of Procedural Regulations by the Governor with the advice and assistance of the Chief Justice. The provisions have been translated into Greek as they are but their amendment should be considered due to the Constitutional Provisions in force today.
9. This Law applies to the right to sue for damages as a result of a civil offense that occurs after the date of its publication in the Official Gazette of the Republic.

Note
28 of Law 66(I)/2012Entry into force of Law 66(I)/2012
This Law [S.S.: namely L.66(I)/2012] shall enter into force on 1 July 2012.

Note
29 of Law 66(I)/2012Repeal of laws
29.-(1) From the date of entry into force of this Law [S.S.: namely L.66(I)/2012], the laws referred to in the first column of the Annex and to the extent referred to in the second column of the said Annex are repealed.

(2) Subject to the provisions of article 24 of this Law [S.S.: namely L.66(I)/2012], regardless of the limitation period provided for in any special law, in the event of a conflict, the provisions of this Law [S.S.: namely L.66(I)/2012] shall prevail.

ANNEX
(Article 29)

FIRST COLUMN SECOND COLUMN
LAWS ABOVE EXTENT
The Limitation Law, Chapter 15. Whole
The Civil Offenses Law, Cap. 148. article 68, but only in relation to an act or omission that occurred during or after the entry into force of this Law
The Suspension of Limitation Period (Temporary Provisions) Law of 2002. whole
The Bills of Exchange Law, Chapter 262. article 94
The Motor Vehicles (Third Party Liability Insurance) Laws of 2000 to 2010. article 22
The Compulsory Employers’ Liability Insurance Laws of 1989 to 2011. article 19
Note
Annex to Law 66(I)/2012Repeal
From the date of entry into force of this Law [S.S.: namely Law 66(I)/2012], the laws referred to in the first column of the Annex [S.S.: namely the Annex to Law 66(I)/2012] and to the extent referred to in the second column of the said Annex are repealed.

FIRST COLUMN SECOND COLUMN
LAWS ABOVE EXTENT
The Limitation Law, Chapter 15. Whole
The Civil Offenses Law, Cap. 148. article 68, but only in relation to an act or omission that occurred during or after the entry into force of this Law
The Suspension of Limitation Period (Temporary Provisions) Law of 2002. whole
The Bills of Exchange Law, Chapter 262. article 94
The Motor Vehicles (Third Party Liability Insurance) Laws of 2000 to 2010. article 22
The Compulsory Employers’ Liability Insurance Laws of 1989 to 2011. article 19
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