: Christian von Bar
: Non-Contractual Liability Arising out of Damage Caused to Another
: sellier.european law publishers
: 9783866538658
: 1
: CHF 262.00
:
: Internationales Recht, Ausländisches Recht
: English
: 1440
: DRM
: PC/MAC/eReader/Tablet
: PDF
< >'Non-contractual liability arising out of damage caused to another' is one of the three main non-contractual obligations dealt with in the DCFR.

The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved.

During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

Foreword8
Our Sponsors and Donors12
Preface to this volume14
Short Table of Contents16
Table of Contents20
Text of Articles58
Chapter 1: Fundamental provisions286
Chapter 2: Legally relevant damage356
General360
Particular instances of legally relevant damage416
Chapter 3: Accountability614
Intention and negligence625
Accountability without intention or negligence689
Chapter 4: Causation804
Chapter 5: Defences846
Consent or conduct of the person suffering the damage846
Interests of accountable persons or third parties898
Inability to control929
Contractual exclusion and restriction of liability948
Loss within Article 2:202 (Loss suffered by third persons as a result of another’s personal injury or death)959
Chapter 6: Remedies964
Reparation in general964
Compensation1024
Prevention1048
Chapter 7: Ancillary rules1062
Annexes1090
Abbreviations1092
Table of Codes and Statutes1136
Table of Cases1226
Table of Treaties and Enactments of the European Union1246
Table of Literature Cited in Abbreviated Form1250
Index1306