The Common European Law of Torts: The Core Areas of Tort Law, Its Approximation in Europe, and Its Accommodation in the Legal System - Vol. 1

By Christian Von Bar | Go to book overview

Part 2: Continental Europe's Codified Law of Delict

Every European nation with a codified civil law1 has devoted a complete section of it 2 to the law of delict.3 Of these states, those currently belonging to the EU are: Belgium (Arts. 1382-1386 his Cc),4 Germany (§§ 823-853 BGB), France (Arts. 1382-1386 Cc), Greece (Arts. 914-938 Cc), Italy (Arts. 2043-2059 Cc), Luxembourg (Arts. 1382-1386 Cc), The Netherlands (Arts. 6:162-197 BW), Austria (§§ 1293-1341 ABGB), Portugal (Arts. 483-510 Cc), and Spain (Arts. 1902- 1910 Cc).5

10

In the following pages we shall examine the subjects regulated by these provisions as well as the methods employed. Once again we shall differentiate between the law of liability for personal misconduct (see I below) and the law of liability for third parties and things (see II-IV below).

____________________
1
On the Scandinavian law of delict, and on that of England, Ireland, and Scotland, see Part 3 below.
2
The location of the provisions concerning the law of delict within the codes varies; 3 basic models are here considered. In the first group, the law of delict is dealt with in the specific part of the law of obligations, where it habitually follows the two other ex lege obligations: negotiorum gestio and unjust enrichment. Germany, Greece, Italy, and Spain have opted for this model. The Netherlands and Portugal, on the other hand, include the law of delict in the general part of the law of obligations (Boek 6: "'Algemeen Gedeelte van her Verbintenissenrecht'" and Livro II, Titulo 1: "'Das obrigações em geral" respectively), a solution which the editor v. Kübel also had in mind in his preliminary draft of the German BGB ( Schubert [ed.], Vorentwürfe der Redaktoren, pp. 653 ff. [§§ 181-195c]). In the third group, consisting of France, Belgium, and Luxembourg, the law of delict (book III, part four) is also part of the general law of obligations (part III). However, it sits uneasily in a book dealing with 'the various means of acquiring property'. In the Austrian ABGB the 'law of compensation and satisfaction' (Recht des Schadensersatzes und der Genugtuung) forms part of 'personal property law' (persönliches Sachenrecht)(2nd part, 2nd section), and therefore also falls within the third group.
3
The provisions listed in the previous footnote do not contain all the rules of the law of delict. The Personenrecht (legal protection of a person's name and rights of personal privacy, see § 12 BGB and Arts. 57-59 Greek Cc; and liability of mentally disabled persons, see Art. 489-2 French Cc) can also contain elements of the law of delict; the same is true of the law of property. Injunctive relief provided in Art. 5:37 BW, for example, is lex specialis relating to the basic regulation found in Art. 6:162 BW. Likewise, the definitions of negligence are usually given in the general part of the law of obligations, see Part 1 fn. 3 above, and fn. 10 below. The following list is therefore not comprehensive.
4
'C'est que le principe établi par l'article (1386 bis) est applicable aux obligations contractuelles comme aux obligations délictuelles ou quasi délictuelles', that the provision which is not part of the law of delict was placed in a separate part of the code: Pasin. belge 1935 pp. 286, 293.
5
As stated above, the Spanish Criminal Code still governs the major part of the law of delict (formerly Arts. 19-20, 101-108 CP; as from 24 May 1996 part V of the NCP). Further, delictual provisions are found in the compilation of the civil law of Navarra, which is, however, laid out extensively in accordance with the common Spanish law of delict: see e.g. TSJ de Navarra 11 Mar. 1994, RAJ 1994 no. 2114 p. 2844.

-13-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Common European Law of Torts: The Core Areas of Tort Law, Its Approximation in Europe, and Its Accommodation in the Legal System - Vol. 1
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 664

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.