Tomorrow's Tort Law in Europe: Selected Questions (Le Droit De La Responsabilite Civile De Demain En Europe: Questions Choisies)
LA RESPONSABILITE CIVILE EUROPEENNE DE DEMAIN - PROJETS DE REVISION NATIONAUX ET PRINCIPES EUROPEENS (COLLOQUE INTERNATIONAL A L'UNIVERSITE DE GENEVE), Bénédict Winiger, ed., Genève: Schulthess, pp. 261-277, 2008
15 Pages Posted: 4 Jan 2008 Last revised: 4 Nov 2009
Date Written: October 1, 2007
In this paper, the recent Austrian, French, Swiss, and Turkish legislative drafts, proposals and pre-proposals concerning tortious liability are analyzed against the background of the Principles of European Tort Law (PETL). We address three issues in particular. First, we deal with the use of the concepts of 'danger' and 'increased danger' as founding principles for both fault-based liability and strict or semi-strict liability for dangerous activities and objects. We argue that the legislative use of general clauses - or standards - rather than a more or less fixed set of rules for strict liability is not to be preferred.
Secondly, we address the virtual division of tort law into two systems of tort law, one for natural persons acting without a specific professional role, and one for legal persons, corporations and organizations. It seems that all the drafts, proposals and principles implicitly or explicitly adhere to this bipolar structure of tort law.
Finally, we turn to the question what the drafts, proposals and principles learn us about the goals of tort law as perceived by the draftsmen and how these goals are actually served in the drafts.
Note: Downloadable document is in French.
Keywords: European private law, tort law, legislative drafting
JEL Classification: K13
Suggested Citation: Suggested Citation