The General Ground of Tort Liability
Tort-based compensation is the route to compensating damage that does not rest on a contract: the harm was caused by an act, and the law demands an answer from its author. Article 992 of the Civil Code of Georgia is the general norm: a person who causes damage to another person by an unlawful, intentional or negligent act is obliged to compensate that damage. The formulation unites three elements — the unlawfulness of the act, fault (intent or negligence) and the consequence in the form of damage — and each of them is a necessary pillar of the claim.
Distinguishing tort from contractual liability is of practical importance: a tort claim operates where no contractual bond exists between the parties or the damage exceeds the framework of the contract. On this page we explain the general tort, the damage caused by the dissemination of false statements, the claims arising on the victim's death, and the limitation period.
Damage Caused by the Dissemination of False Statements
Article 993 regulates a separate composition: a person who intentionally or negligently disseminates or publicizes facts damaging to another person's property shall compensate the damage arising therefrom, if those facts are clearly incorrect. Reputational harm that grows into a concrete pecuniary loss — a lost contract, reduced turnover, a more expensive loan — is compensated precisely under this norm.
The same article contains an important boundary for the defense: no obligation to compensate damage arises from statements serving the protection of lawful public interests. Thus the lawful defense of a public interest — for example, telling the truth about improper conduct — generates no liability. Crossing that boundary — when a statement under the mask of public interest spreads clearly false facts — gives the injured party the right to claim.
Claims Arising on the Victim's Death
The gravest case is regulated by Article 1006: on the death of the victim, the person who caused the damage must compensate, by establishing maintenance, the damage to the persons whose maintenance was the victim's duty. This obligation lasts as long as the victim would have been obliged to pay maintenance. The function of the income lost through death is thus continued by the law in the form of maintenance — for those tied to the deceased's support.
Instead of maintenance, the victim — in the context of this norm, the carriers of the claim — may demand a one-time compensation, where a significant ground for it exists. The one-time form is a practical instrument: a single sum instead of periodic payments often satisfies a family's needs more effectively, though its appropriateness is measured in each case by the significance of the ground.
The Limitation Period and Managing Time
Article 1008 establishes the limitation period for claiming compensation for tort damage: it is three years from the moment the victim learned of the damage or of the person obliged to compensate it. Both moments matter: knowledge of the damage and the identification of the obliged person — and each of them is a separate fact to be proven in court.
The practical recommendation is simple: from the discovery of the damage, the fixing of evidence must begin — medical documentation, a description of the pecuniary loss, the sources of fault, and the identity of the obliged person. A three-year period left unused means the right lapses, and restoration is possible only under the exceptions provided by law.
Building the claim and defending against it demand the same work: a documentary description of the damage, the substantiation of the unlawfulness of the act and of fault, and a separate analysis of the causal link. In tort cases the injured party often feels the damage for a long time yet must express it to the court in the language of evidence — and it is in that translation that counsel assists. On the other side, the defense of the person accused of causing damage rests on three directions: denying unlawfulness, contesting fault, and a critical review of the amount of the damage. Time is decisive for both sides: the three-year period accelerates action all the more because locating witnesses and restoring documentation grows harder with time.
Frequently Asked Questions
What does a tort compensate?
Damage caused by an unlawful, intentional or negligent act — under Article 992 the causer is obliged to compensate it.
May damage from slander be claimed?
Yes, where clearly incorrect facts were disseminated intentionally or negligently and caused pecuniary damage — Article 993 establishes its compensation; the lawful protection of a public interest releases from liability.
Who holds the claim on the victim's death?
The persons whose maintenance was the victim's duty — the causer compensates them by establishing maintenance, and where a significant ground exists a one-time compensation may also be demanded.
Within what period may the suit be brought?
The limitation period is three years from the moment the victim learned of the damage and of the obliged person.
How We Help on Legal.ge
The attorneys at Legal.ge offer the full cycle in tort cases: we establish the structure and amount of the damage, substantiate fault and the causal link, prepare the suit and provide representation in court — both for the injured party and for the person accused of causing the damage.
If you have suffered damage or face a tort claim, contact us at Legal.ge — we will assess the case and plan the claim or the defense with the limitation periods in mind.