European Comparative Tort Law (Volumes 1 and 2)

Author: (German) Barl
Publisher:
Publishing Date: 2004-05-01
Features: This book is divided into two volumes. The first volume includes six chapters: Basic Concepts, Tort Law in Continental European Civil Codes, Scandinavian Compensation Law and Common Tort Law, Unification and Coordination of Tort Law within the EU, Tort Law within Private Law, and Tort Law and Constitution and Criminal Law. The second volume includes five chapters: Damage, Compensable Damage and Damages, The Theory and Manifestations of Responsibility for One's Own Wrongful Acts, The Theory and Manifestations of Responsibility without One's Own Wrongful Acts, Causation and Imputability, and General Defenses. This book provides a systematic comparative study of the legislation, case law, and doctrines of tort law in 16 legal systems of the 15 EU member states. Its meticulous research, comprehensive data, and profound insights are its fundamental characteristics. Continental law academic works typically focus less on case law, but this book's comprehensive study of tort cases in EU countries since the French Civil Code nearly 200 years ago allows readers to see the vivid tort law of each country. The author studies tort law from the perspective of the entire EU, avoiding bias toward a single country's system or narrow perspective, and presents a comprehensive picture of tort law in EU countries. Comparative law research can easily fall into the trap of accumulating data without the author's own perspectives, but this book's starting point determines its unique theoretical requirements—it is based on the legislation, judiciary, and theories of tort law in EU countries, with the goal of drafting a unified European Civil Code.