Modernising civil liability law in Europe, China, Brazil and Russia : texts and commentaries

Author / Creator

Brüggemeier, Gert, 1944-

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Summary

"Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alterna...

"Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'"--

"One who in a legally attributable way injures the legally protected interests of another is bound to compensate the injured for the loss resulting therefrom. Article 1:102 Legally Protected Interests of a Human Being (1) Legally protected interests are, in particular, the life, bodily and health integrity, as well as the free movement of a human being. In respect of the compensation of fatal injuries, special rules apply (Articles 6:201/202). (2) The legally protected interests of an individual person also include intangible legal interests such as dignity, self-determination, privacy, as well as the 'right' to personal identity, to one's own image, name, voice and personal data"--

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