The problem of causality in assigning damage to acts of witchcraft and sorcery Analytical study in civil law

The phenomenon of witchcraft and sorcery began to spread widely in the society, and it began to make its negative effects on serious individuals causing damages to them not different from those damages to the person that result from money loss or missing opportunity. It is surprising that the legislator has not dealt with these acts by organizing, and therefore the person who is damaged by these acts may find himself unable to set a claim at the court, on which he is not allowed to claim a reparation for the damages he suffered because of the ritual witch and sorcery. The argument of the legislator in that is the fact that such practices are such unseen that lack tangible physical link to be a physical phenomenon of law. The research has proved that this position is deficient, and therefore this subject should be dealt with by regulation and should be the subject of legislative application of civil liability, whether contractual or tortious. The whole point of the study concerns the difficulty of proving that sorcery and witchcraft cause damage. The study has also proved that the difficulty in overcoming this problem lies in the judge's reliance on expertise in this area and thus giving discretion to the judge to be more likely to believe in the cause of the injury or to assume the causation between the act of the sorcerer and the injury to the victim. This does not mean departing from the general principles of civil liability, which require the need for fault, damage and causation for its existence; in fact, the victim should not be deprived of compensation simply because he failed to prove that the damage was the result of an illegal act represented by witchcraft. Here, the persecutor is exempted from this evidence and leaves the defendant (the witch) with the possibility that if he/she wants to get rid of the responsibility; he/she must prove that the foreign cause is the cause of the damage.