Delict


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Related to Delict: Quasi delict

Delict

 

(1) In international law, a violation of the norms of international law or obligations resulting from incorrect action (inaction) or negligence. Current international law distinguishes two categories of delicts: misdemeanors, which constitute infringements on the rights and interests of a particular state or group of states, and international crimes, which are infringements on the basic principles of international relations and thus damage the rights and interests of all states. Most typical in this respect are criminal encroachments on international peace and the security and freedom of peoples. These encroachments are singled out in a special category of delict because of their extraordinary danger and are specified in the UN Charter. In international documents adopted since World War II (1939-45), crimes against peace have often been included in the category of the most serious international crimes; these are considered crimes against humanity (for example, the statutes of the Nuremberg and Tokyo international war tribunals and the resolutions of the UN General Assembly on Dec. 11, 1946, and Nov. 21, 1947).

The concept of the international crime is also applied to actions by a state that infringe on the sovereignty and freedom of peoples, such as colonial oppression, suppression of a national liberation, movement by force, apartheid, and genocide. Also among crimes against humanity is the initial introduction by a state of nuclear, chemical, bacteriological, or other weapons of mass destruction. All states and other subjects of international law bear international legal liability for delicts. Agreements by states on international measures to prosecute particular categories of crimes committed by physical persons (above all, crimes against humanity) do not change this principle, because the liability of physical persons who have committed such crimes is a special type of criminal liability in the norms of international law.

(2) In civil law, a misdemeanor.

V. I. MENZHINSKII

References in periodicals archive ?
Doctors who fail to exercise the requisite skill and care can be sued either in contract or in delict because they have a contractual obligation not to be negligent, but also 'a legal duty, independent of the contract, not to be negligent'.
equity; or unfair competition law tort or delict").
In particular, the Court of Session "did not treat the Crown as immune from actions founded on delict or negligence." Id.
The majority of the Court held that South African common law on delict was sufficiently flexible to dispose of the case.
such a delict may also bring the entire claim for damages before the
Thus, UAE law appears to restrict arbitral power to decide only contractual claims, there being no arbitral jurisdiction to decide tortious, delict or statutory claims or to award non-contractual relief.
in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred; ...").
The ways in which enrichment law intersects with the laws of contract and delict, as well as other areas of law are also addressed and future directions for enrichment law are explored where pertinent.
The delict should be placed in the global context, which "confers its true meaning" (Debuyst, 19813) and which the same author calls "a problematic situation" and which, one the one hand, should take into consideration "the manner in which the individual lived and perceived different events, which could explain his way of reacting as imputable to the situation in which he is and to his way of interpreting it", and on the other hand, it should take into account the "position occupied by the delinquent in relation to other individuals, groups of individuals or institutions.
As the common law of torts moved from the formalism of writs to today's tort law with causes of action, levels of liability, and so forth, it tried to pour the civil law account of "wrong" (delict) into the mold of English common law.