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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'.
Table des matières
1. Draft bill on civil liability law; 2. Text; 3. Commentary; 4. European reform proposals; 5. Principles of European Tort Law (PETL); 6. Draft Common Frame of Reference Book VI; 7. Recent legislation on civil liability law; 8. China; 9. Text; 10. Commentary; 11. Brazil; 12. Text; 13. Commentary; 14. Russia; 15. Text; 16. Commentary.
A propos de l'auteur
Gert Brüggemeier is Professor of Private Law, European Economic Law and Comparative Law at the Faculty of Law, University of Bremen.
Résumé
Via a commentary on recent legislature on civil liability in China, Brazil and Russia, Gert Brüggemeier presents a proposal for reform of the area based on redesigning negligence and introducing stricter forms of liability.
