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Comparative law --- Tort and negligence

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The starting point for this project on the »Basic Questions of Tort Law« was the book written by Helmut Koziol, the »Basic Questions of Tort Law from a Germanic Perspective« (Sramek Verlag, 2012), a volume which presented an introduction into the law of torts from a Germanic perspective. Colleagues from seven countries were then invited to give critical responses to the ideas presented in the 2012 volume. The comparative law conclusions then attempt to pick up on the ideas expressed in the legal systems examined and to make them amenable for debate on the further development of the legal systems and their harmonisation.

Torts --- Tort law, damages, contract law, comparative law, unjust enrichment, criminal law, insurance law, social security law, injunctions, economic analysis, prescription, basic questions, aims of tort law. --- Schadenersatzrecht, Vertragsrecht, Rechtsvergleichung, Bereicherungsrecht, Strafrecht, Versicherungsrecht, Sozialversicherungsrecht, einstweilige Verfügungen, ökonomische Analysen, Verjährung, Grundfragen, Prinzipien des Schadenersatzrechts

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Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant's tortious conduct was a factual cause of a plaintiff's harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff's harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of 'standard of proof'. The application of this 'all or nothing' rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this 'no-liability' outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant's tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.

Insurance law --- Torts --- Autriche --- République tchèque --- Royaume-Uni --- Italie --- Pays-Bas --- Pologne --- Espagne --- Suisse --- France --- Allemagne --- Grèce --- Israël --- Norvège --- Afrique du Sud --- Etats-Unis --- Tort Law.

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International law --- Private law --- burgerlijk recht --- internationaal recht