The Law of Torts in the Draft Common Frame of Reference

Abstract

The Draft Common Frame of Reference, aiming at harmonization of European private law, is not limited to the law of contract but also supplies a comprehensive system of non-contractual liability . The more than 50 articles of Book VI cover the central issues to be settled by any modern system of tort or delict, i.e. scope of protection, accountability or attribution (intention, negligence, strict liability), causation, multiple tortfeasors, remedies and quantum, and defenses. The present article analyzes the solutions found by the framers of the DCFR in light of legal learning, but also from an economic perspective. The question is whether the rules and principles contained in Book VI reflect the findings of economic analysis of accident law such they would be desirable in the eyes of lawmakers interested in improving the incentive structure set up by the law of torts.

Keywords: torts, delict, strict liability, economic analysis, DCFR, Common Frame of Reference, European Law

JEL Classification: K13, K1