The aim of the course is to provide the students with knowledge on the structure and the main principles of the tort law of selected European legal systems (mainly, but not exclusively, France, Germany, England and Greece) as well as on the projects aiming at the harmonization and unification of Tort Law in Europe. Studens who attend the course successfully should be able to discuss tort law problems from a comparative perspective, using correct terminology.
Course Content (Syllabus)
The aim of the law of torts from a legal and from a law and economics perspective. Evolution and basic characteristics of English, French, German and Greek Tort Law. Projects on the unification of tort law in Europe: Principles of European Tort Law (PETL) and Book VI of the Draft Common Frame of Reference. Tort Law in the European Union Law. Comparative analysis of the main premises of tort liability: The notion of damage, the different national concepts relating to the ‘breach of duty’, causation.Comparative analysis of the consequences of tort liability: The recoverable damage, especially in case of personal injury and pure economic loss. Strict liability and vicarious liability.
Additional bibliography for study
Cees van Dam, European Tort Law, 2nd ed. Oxford: Oxford University Press 2013
Christian von Bar and Eric Clive (eds), Draft Common Frame of Reference (Full Edition). Principles, Definitions and Model Rules of European Private Law, Vol 4, Munich: Sellier, 2009
Basil S.Markesinis/ H. Unberath, The German Law of Torts. A Comparative Treatise, 4th ed Oxford: Hart Publishing, 2002
Walter van Gerven, Pierre Larouche and Jeremy Lever, Cases, Materials and Text on National, Supranational and International Tort Law, Oxford: Hart Publishing, 2000
Further bibliography will be provided for special issues.