Publications - Unification of Tort Law: Wrongfulness

edited by

Helmut Koziol, Professor, University of Vienna, Austria

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 lawyers proposed 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 in this book concentrates on the topic of `wrongfulness´, trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of wrongfulness under their national legal systems, primarily by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The subsequent conclusions aim at the coordination of the results and the supplementation of other important factors.

Furthermore, some members of the group work out the nature of the protected interests and the important reasons for the extent of protection and discuss the borderline between contractual and tortious liability.

In summary, the book not only attempts to clarify the grounds common to wrongfulness underlying all the legal systems concerned with respect to the laws of tort, but also informs academics and practitioners of the fundamental questions of wrongfulness underlying the law of tort in a particular country.

Contents and Contributors

Introduction; H. Koziol
Wrongfulness in the Italian Legal System; F.D. Busnelli, G. Commandé
Some Remarks on the Borderline between Contract and Tort Liability; F.D. Busnelli, G. Commandé
Wrongfulness in Belgian Tort Law; H.A. Cousy
Wrongfulness under Greek Law; K.D. Kerameus
Wrongfulness under Austrian Law; H. Koziol
The Borderline Between Tort Liability and Contract; H. Koziol
The Nature of the Interests Protected by Tort Law; H. Koziol
Element of Wrongfulness in South African Law of Delict; J. Neethling
Wrongfulness under English Tort Law; W.V. Horton Rogers
Wrongfulness in the Dutch Context; J. Spier
Le `Wrongfulness´ en Droit français; G. Viney
The Concept of `Unlawfulness´ - Function and Relevance under Swiss Law; P. Widmer
Conclusions; H. Koziol.

Kluwer Law International,
The Hague/London/Boston
November 1998, 152 pp., Hardbound
ISBN/ISSN: 9041110194

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