Ulrich Magnus (Ed.)
Unification of Tort Law:
Damages
Kluwer Law International, The Hague 2001
The foundations of tort law in various European legal
systems differ considerably. Until now, there has not been an attempt to
harmonise the entire field of tort law in a consistent manner. To rectify
this, a group of tort lawyers has proposed to address the fundamental
questions underlying every tort law system. The result is this important
series of books, which searches 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.
Identifying the most relevant factors in establishing liability as
wrongfulness, causation, damage, fault, and the area of strict liability,
the authors concentrate on the tort liability factor under discussion in
each volume, combining theoretical abstract analysis with the discussion
of concrete cases. Each author gives an overview of the particular tort
liability factor under his or her national legal system – primarily by
working out the concept and its importance in establishing liability –
and then applies the analysis to actual cases. The subsequent conclusions
aim at the coordination of the results and other important factors.
In summary, each volume tries to make clear what common ground pertaining
to each tort liability factor underlies all the legal systems concerned
with respect to the law of tort. Each volume also provides the academic
and practitioner with the fundamental issues relating to that factor
underlying the law of tort in the countries covered.
Contents
and Contributors
Questionnaire. Country Reports.
Austria; H. Koziol. Part
I: General Questions on the Law of Damages. Part
II: Cases. Belgium; H.A. Cousy,
A. Vanderspikken. Part I:
General Questions. Part II:
Cases. England; W.V. Horton Rogers.
Part I: General Questions on
the Law of Damages. Part II:
Cases. France; S. Galand-Carval.
Part I: General Questions. Part
II: Cases. Germany; U. Magnus.
Part I: General Questions. Part
II: Cases. Greece; K. Kerameus.
Part I: General Questions. Part
II: Cases. Italy; F.D. Busnelli,
G. Comandé. Part I:
General Questions. Part II:
Cases. The Netherlands; M.H. Wissink,
W.H. van Boom. Part I: General Questions. Part
II: Cases. South Africa; J. Neethling.
Part I: General Questions. Part
II: Cases. USA: G. Schwartz.
Part I: General Questions. Part
II: Cases. Comparative Report on the Law of Damages. Index.
January
2001, 256 pp., Hardbound,
ISBN 90-411-1481-5
Price: EUR 84.00 / USD 91.00 / GBP 58.00 PRINCIPLES OF EUROPEAN TORT
LAW 5
