J. Spier (Ed.)
Unification of Tort Law: Causation
Kluwer Law International, The Hague 2000
The foundation of tort law in various Europen legal systems differ
considerably. Untill now, there has not been an attempt to harmonize the
entire field of tort law in a consistent manner. Therefore, a group of
tort lawyers, 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 co-ordination 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 tort as well as to teach the academic and practitioner the
fundamental questions of causation underlying the law of tort in a
particular country.
Causation: Questionnaire and Cases. Country
Reports: Austria: Causation under Austrian Law; H. Koziol.Belgium:
Causation under Belgian Law; H. Cousy, A. Vanderspikken. England:
Causation under English Law; W.V. Horton Rogers. France:
Causation under French Law; S. Galand-Carval. Germany:
Causation in German Tort Law; U. Magnus. Greece:
Causation under Greek Law; K.D. Kerameus. Italy:
Causation under Italian Law; F.D. Busnelli, G. Comandé. South
Africa: Element of Causation in South African Law of Delict; J.
Neethling.Switzerland: Causation under Swiss Law; P.
Widmer.United States: Causation under US Law; G.T.
Schwartz.Comparative Conclusions on Causation; J. Spier, O.A.
Haazen.Index.
June 2000, 176 pp., Paperback
ISBN/ISSN: 9041113258
Price: NLG 100.00/USD 53.00/GBP 33.00
PRINCIPLES OF EUROPEAN TORT LAW 4