Publications - Unification of Tort Law: Causation

edited by

Jaap Spier, Hoge Raad der Nederlanden,
Helmut Koziol, Professor, University of Vienna, Austria.

The foundation 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, 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.

Contents and Contributors

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.

Kluwer Law International,
The Hague/London/Boston
June 2000, 176 pp., Paperback
ISBN/ISSN: 9041113258

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