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Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil law jurisdictions for a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer; however, its meaning varies from one jurisdiction to another. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is used in mixed legal systems such as Scotland, South Africa, Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions. The exact meaning of ''delict'' varies between legal systems but it is always centred on the Roman law idea of wrongful conduct. In Spanish law, ''delito ''is any breach of criminal law (similar to criminal offence). In Italian law, ''delitto penale'', is the same concept, but ''delitto civile'', like delict in Scots law, is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them, akin to common-law tort. German-speaking countries use the word ''Delikt'' to refer to criminality (similar to English ''deliquency''), but ''unerlaubte Handlung'' is a delict while ''Deliktsrecht'' is a branch of civil law (similar to tort law). In French law, ''délit penal'' is a misdemeanor (between ''contravention'' ‘petty offence’ and ''crime'' ‘felony; major indictable offence’), while ''délit civil'', again, is a tort. Because of this, French law prefers to speak in terms of ''responsabilité civile'' ‘delictual liability’. == Scots law: delict as a willful wrong == In the most narrowly construed sense, delict is a Latin word (''delictum'' ‘offence, wrong’) and a legal term, which, in some civil law systems, signifies a willful wrong, similar to the common law concept of tort though differing in many substantive ways. The law of delicts in civil law countries is usually a general statute passed by the legislature whereas tort law in common law countries arises from case law. In addition, a delict is defined abstractly in terms of infringement of rights whereas in common law, there are many specific types of torts (English terminology). Delict deals with the righting of legal wrongs in civil law, on the principle of liability for loss caused by failure in the duty of care, whether deliberate or accidental. When considering pursuing a claim under delict, in Scots law, there are three criteria that have to be met; ''firstly'' you have to establish that you were owed a duty of care, ''secondly'' you have to prove that that duty of care has been breached and ''lastly'' you have to show a causal link between the breach of care and the loss you have suffered. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Delict」の詳細全文を読む スポンサード リンク
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