The Notion of Damage

10 Pages Posted: 26 Jan 2010

Date Written: January 26, 2010


One of the many questions related to the notion of damage is whether it needs to be defined at all. The European Commission seems to be convinced that it does. In the Commission’s view the famous Simone Leitner case of the European Court of Justice strongly supports the idea of developing a common European legal terminology, the notion of damage being a prime candidate for inclusion in a list of Europe-wide uniform definitions of legal terms. This paper examines the notion of “damage” that has been introduced in the Draft Common Frame of Reference (DCFR) for European contract law.

Keywords: European private law, contract law, European civil code, damage

Suggested Citation

Bar, Christian von, The Notion of Damage (January 26, 2010). Available at SSRN: or

Christian von Bar (Contact Author)

Universität Osnabrück ( email )

Neuer Graben
Osnabrück, 49074

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