Torts
The law of torts protects citizens from harm by other. The main source of law contemplating tortious acts is the Civil Code of Panama. Among the legal influences of panamanian civil law are the romanic corpur juris civilis and german codification of ´private rights.´ The ´common good´ is the aim of the law of torts which has evolved in Panama since 1916 and still remains good law. The law of negligence and fault is developed through written norms around the the legal maxim: He who by act or omission causes damage to other is obliged to repair the damage caused.
Panamanian tort law incorporates limitations to damages such as the concept of foreseeability and the doctrine of proximate cause. The law of damages is moderated by judge made law. Damages can be compensatory, loss of earnings or moral in nature.
Contract Based Claims
Human society on a daily basis is surrounded by contracts. The sole coexistence of an offer and an acceptance gives rise to a contract. Contractual relationships may be simple or intricate, turning on the commercial operation underlying and the parties involved. The law of contracts encircles the rights and obligations of the parties in regards to the elements of contracts: contract formation, consideration, agency, third party rights and breach of contract.
In some instances, the law implies duties and terms into relations amongst qualified parties. By way of example, consumer law prohibits abusive clauses in consumer contracts for services, as well implies warranties into contract. Contracts between merchants are subject to commercial law, rather than civil code contracts.
Property
The right to property is a fundamental guarantee stemming from the Constitution of 1972. Property can be tangible like material goods or intangible like the right to authorship or copyright. As defined by the law, property is the right to use and dispose of a thing without any limitation except for the law. No one can be deprived from the right to enjoy proprietorship unless a competent authority deems otherwise.
The law differentiates between two main areas of property: movables and immovables. Chattels as well as any other good can be the object of a legal dispute. The right to own, use and enjoy land usually leads to litigation involving registration of proprietary rights and unlawful usage of land.
