Tort and delict
From Common law (tort) and Roman-based systems (delict)
Contract and obligationsBasic ideas
What it means
Both words describe civil wrongs that cause harm and lead to compensation, outside of contract. Common law builds this out of separate wrongs (negligence, nuisance, defamation and so on). Civil law usually starts from a general rule.
Why it travels badly
A common-law 'tort' is a list of named wrongs. A civil-law 'délit' or 'Delikt' flows from a general clause on fault. The two systems can reach similar results, but their structure and vocabulary differ.
How other systems say it
responsabilité civile délictuelle
A single rule (article 1240 of the Civil Code) says that anyone who causes harm by fault must repair it.
Delikt / unerlaubte Handlung
Section 823 protects listed interests (life, body, health, freedom, property and other rights), and section 826 covers intentional harm that is contrary to good morals.
delict
These mixed systems use the Roman term 'delict' for what England calls tort.
Tip for translators and students
Choose 'tort' for common-law texts and 'delict' (or 'civil liability') for civil-law and mixed systems, rather than using one word everywhere.
Related: Obligation and Schuldrecht, Good faith
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
