The Common European Law of Torts: Volume One

Hardcover | November 1, 1998

byChristian von Bar

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This awe-inspiring book is the first of a two volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the European Union, it is founded on the belief that the approximation ofEuropean laws should not be left to the directives and regulations of Brussels alone. The first task of such a project is to determine to what extent a jus commune europaeum already exists. To this end, von Bar has undertaken a thorough, detailed and extensive analysis of the relevant court rulingsand academic writings of all the jurisdictions of the European Union to distill a European common law of torts. The insights gained from the comparative analysis also offer a guidance to greater harmonisation in the future. The material covered in volume one includes: the areas of application of tort law and its boundaries with contract, property, criminal and constitutional law; the elements of liability under the general clauses of the European civil codes and the more specific torts of the common law. Furthertopics include: strict liability, liability for other persons, animals and premises; multiple tortfeasors; and an account of European Union and Council of Europe attempts to harmonise the less coherent areas of tort law. Von Bar's book is destined to become a landmark in the area of comparative law in general, and comparative torts in particular. From the author's preface The attempt undertaken here to draw up a system of a common European law of torts is an orthodox treatise on the non-contractual law of obligations. This book displays distinctive features only in so far as its material stems from all the laws of tort within the European Union. It seemed possibleto understand and portray each tort law as merely a national manifestation of a single discipline. For, although different legal practices which have each grown naturally in their own environment do occasionally lead to different results, they can be dealt with in the same way as a single legalsystem in which a lawyer has to find his way through a variety of opinions. The person who looks, not only at his own, but also surrounding laws, broadens the range of possible debate. In writing about different laws he undertakes work fundamentally no different from that on his own legal system,so long as the systems are equal in their basic values, in the quality of their legal method, and have continuously learned from each other. This is the case in the countries of the European Union, and it is therefore possible to condense their different national laws to a common European law oftorts (or delict). To try to understand its structures does not mean leaving distinctive features of individual nations out of consideration. Without an understanding of their effectiveness and their elegance, the treasure of judicial knowledge, which distinguishes European private law, will notbe appreciated. However, to think in a European fashion firstly means stressing the common characteristics, secondly, learning to understand national laws as reactions to developments in neighbouring countries, and thirdly, tackling historical coincidences and rough edges European politics is not our primary concern, and the question whether reflections on common European private law can flow into a general law, that is to say into an extensive unification of law in the fashion of a Civil Code, is altogether a cura posterior. The challenge is to identify how thesixteen systems actually function, not how they would function were they united in one system. we are portraying here, not a single national law in comparison with other laws, rather we have chosen from the start a European standpoint; European meaning the states of the European Union

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This awe-inspiring book is the first of a two volume treatise on the law of non-contractual obligations. The result of a unique attempt to discover the common elements of the law of torts of all the member states of the European Union, it is founded on the belief that the approximation ofEuropean laws should not be left to the directi...

Christian von Bar is an an Honorary Bencher of Grays Inn and a member of the Advisory Council for the Centre for the Advanced Study of European and Comparative Law. He is Professor of Law, and the Founder and Director of the Institute of Private International and Comparative Law, in the University of Osnabruck.

other books by Christian von Bar

Format:HardcoverPublished:November 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198260563

ISBN - 13:9780198260561

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Table of Contents

Foreword by Lord Goff of ChieveleyPart 1. FoundationsPart 2. Continental Europe's Codified Law of DelictPart 3. The Scandinavian Liability Laws and the Common Law of TortsPart 4. Unification and Approximation of the Law of Delict within the European UnionPart 5. The Law of Delict in the Context of Private LawPart 6. The Law of Delict, Constitutional and Criminal Law

Editorial Reviews

`The insights offered by the author into the complexities of comparative legal research, the astute mix of rationality and personal involvement make this a volume of immense potential value to those interested in and convinced of the merits of the comaparative approach to the study of legalsystems.'Sathya Narayan, Professor of Law and Joint Director of the Institute of Advanced Legal Studies at ILS Law College in Pune, India; Unified Law Review Volume 2 2000