Publications - Unification of Tort Law: Contributory Negligence

edited by

U. Magnus, Professor, University of Hamburg, Germany,
M. Martín-Casals, Professor, University of Girona, Spain.

The foundations of tort law in European systems differ considerably. Until recently, there was no attempt to harmonize the entire field of tort law in a consistent and comprehensive manner. A group of tort law experts, the ´European Group on Tort Law´, has been engaged over the last 11 years in systematically researching the most fundamental questions underlying the various tort law systems. The result of their work is this important series of books, notably on Wrongfulness, Damages, Causation, Strict Liability, Liability for Damage Caused by Others, and the present volume. Volumes on Fault and Multiple Tortfeasors are forthcoming. The series is intended as a contribution to a common law of Europe.

In this volume, the authors provide an overview of contributory negligence and its relevance in the allocation of damages under their respective national tort system. Of immense practical importance, the concept of contributory negligence is further examined in an analysis of actual cases. This volume also contains an economic analysis of this area of tort law as well as a comparative report which summarizes and compares the most important elements identified by the individual country reports.

In summary, this volume shows the common grounds of contributory negligence in the various legal systems under examination. In addition, it provides the academic and the practitioner with the fundamental aspects of contributory negligence in the countries covered.

Contents and Contributors

U. Magnus/M. Martín-Casals: Questionnaire and Cases

Country Reports

M. Hinteregger: Austria
H. Cousy/D. Droshout: Belgium
L. Tichý: Czech Republic
W.V.H. Rogers: England
J. Fedkte/U. Magnus: Germany
K. Kerameus: Greece
I. Gilead: Israel
F.D. Busnelli/E. Bargelli/G. Comandé: Italy
W. van Boom: The Netherlands
M. Nesterowicz/E. Baginska: Poland
J. Neethling: South Africa
M. Martín-Casals/J. Solé Feliu: Spain
B.W. Dufwa: Sweden
P. Widmer: Switzerland
G. Schwartz: USA

M. Faure: Economic Analysis of Contributory Negligence
U. Magnus/M. Martín-Casals: Comparative Conclusions

Kluwer Law International,
The Hague/London/Boston
January 2004, 300 pp., Hardbound
ISBN/ISSN: 9041122206
PRINCIPLES OF EUROPEAN TORT LAW 8

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