Digest of European Tort Law

  • Bénédict Winiger
  • , Bjarte Askeland
  • , Elena Bargelli
  • , Martin Hogg
  • , Ernst Karner

Research output: Chapter in Book or Conference Publication/ProceedingChapterpeer-review

Abstract

European legal systems have developed a broad range of instruments aimed at limiting liability. These instruments are systematically examined within the present volume, which builds on the experience gathered in the various jurisdictions over the past decades and thereby fills a major gap in tort law literature. The publication contains a selection of the most important cases from 27 states across Europe as well as decisions by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and accompanied by an analytical commentary. In addition, comparative analyses of the reported cases are provided and a special report is dedicated to how key cases would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules. Comparative analysis of a broad range of instruments aimed at limiting liability. Selection of the most important cases from 28 European states, decisions by EU courts and cases from earlier periods of legal history.

Original languageEnglish
Title of host publicationEssential Cases on the Limits of Liability
PublisherDe Gruyter
Pages1-830
Number of pages830
Volume4
ISBN (Electronic)9783111001272
ISBN (Print)9783111001210
DOIs
Publication statusPublished - 4 Nov 2024

Keywords

  • tort law
  • comparative law

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