Unification of Tort Law: Causation

ISBN: 9789041113252 出版年：1994 页码：171 Kluwer Law International

The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonize the entire field of tort law in a consistent manner. Therefore, a group of tort law experts, the "European Group on Tort Law", proposes to address the fundamental questions underlying every tort law system. They aim at identifying these principles, thus searching for a common law of Europe, without the necessity yet to lay these principles down in formal legal texts, such as a European civil code.Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability, the group is concentrating on the topic "causation" in this book, trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of causation under their national legal systems, especially by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The following comparative conclusions aim at the coordination of the results and the supplementation of other important factors. In summary, the book tries to make clear which is the common ground of causation that underlies all the legal systems concerned with respect to the law of torts. It also informs the academic and practitioner of the fundamental questions of causation underlying the law of torts in a particular country.