delikto

Delikto, also known as delict, is a term used in civil law systems to refer to a wrongful act that causes harm to another person. It is a fundamental concept in the study of tort law, which deals with civil wrongs that result in legal liability. The term "delikto" originates from Latin, where "delictum" means "wrongdoing" or "offense."

In civil law systems, delikto is distinct from contract law, which governs the relationships between parties who have agreed to terms. Delikto focuses on situations where no contract exists, or where a contract is breached in a way that gives rise to additional liability. Examples of delikto include negligence, intentional torts, and strict liability.

The elements of a delikto typically include:

1. A wrongful act or omission.

2. Causation, meaning the act or omission must have caused the harm.

3. Damages, which are the actual harm suffered by the victim.

The burden of proof in delikto cases usually lies with the plaintiff, who must demonstrate that the defendant's actions were the cause of the harm. The defendant may then argue that the harm was unforeseeable or that the plaintiff contributed to the harm in some way.

Delikto is a broad category that encompasses various types of wrongful acts, each with its own set of legal principles and remedies. Understanding delikto is essential for anyone studying or practicing civil law, as it forms the basis for many civil litigation cases.