European Group on Tort Law

Last updated

The European Group on Tort Law, sometimes called the Spier/Koziol group, [1] is an academic group devoted to revising tort principles that are supposed to be common to Europe.

In 1992 Jaap Spier, who at the time was a professor of law at the Universiteit van Tilburg, called together a group of scholars to discuss fundamental questions of tort law on a comparative basis. After exploring the limits of liability, this “Tilburg Group” embarked on quite a demanding project – the drafting of "Principles of European Tort Law” (PETL).

The group, now known under the name “European Group on Tort Law”, has grown considerably in the meantime and currently comprises twenty members. These include Francesco D. Busnelli, Giovanni Comandé (both Pisa, Italy), Herman Cousy (Leuven, Belgium), Dan Dobbs (Arizona, USA), Bill Dufwa (Stockholm, Sweden), Michael Faure (Maastricht, the Netherlands), Israel Gilead (Jerusalem, Israel), Michael Green (Wake Forest, USA), Konstantinos D. Kerameus (Athens, Greece), Bernhard A. Koch (Innsbruck, Austria), Helmut Koziol (Vienna, Austria), Ulrich Magnus (Hamburg, Germany), Miquel Martín-Casals (Girona, Spain), Jorge F. Sinde Monteiro (Coimbra, Portugal), Olivier Moréteau (Baton Rouge, USA), Johann Neethling (Pretoria, South Africa), W.V. Horton Rogers (Leeds, UK), Jaap Spier (the Hague, the Netherlands), Luboš Tichý (Prague, Czech Republic), Pierre Widmer (Berne, Switzerland).

In order to create an institutional basis for the drafting of the Principles, the European Centre of Tort and Insurance Law (ECTIL) was founded by the group in Vienna (Austria) at the beginning of 1999. ECTIL also undertakes further research projects in the field of tort and insurance law and is now supported by the Institute for European Tort Law of the Austrian Academy of Sciences.

In 2009, the Group has resumed work on the Principles with an eye to expanding the scope of supporting projects and to incorporating all the feedback collected so far. New members include Bjarte Askeland (Bergen, Norway), Ewa Baginska (Torun, Poland), Eugenia Dacoronia (Athens, Greece), Anne Keirse (Utrecht, the Netherlands), Ken Oliphant (Vienna, Austria), Vibe Ulfbeck (Copenhagen, Denmark) and Bénédict Winiger (Geneva, Switzerland).

Bibliography

Related Research Articles

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

The state of the art refers to the highest level of general development, as of a device, technique, or scientific field achieved at a particular time. However, in some contexts it can also refer to a level of development reached at any particular time as a result of the common methodologies employed at the time.

<i>Gesellschaft mit beschränkter Haftung</i> "Company with limited liability" in German-speaking countries

Gesellschaft mit beschränkter Haftung, literally 'limited-liability company', is a type of legal entity. In the French-speaking part of Switzerland, this is equivalent to a société à responsabilité limitée (Sàrl) and in the Italian-speaking part, a Società a garanzia limitata (Sagl).

Delict is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct.

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

Wrongful deathclaim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one.

Respondeat superior is a doctrine that a party is responsible for acts of their agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions.

<span class="mw-page-title-main">Limited liability</span> Business structure where shareholders cannot owe more than their stake in a venture

Limited liability is a legal status in which a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a corporation, company or partnership. If a company that provides limited liability to its investors is sued, then the claimants are generally entitled to collect only against the assets of the company, not the assets of its shareholders or other investors. A shareholder in a corporation or limited liability company is not personally liable for any of the debts of the company, other than for the amount already invested in the company and for any unpaid amount on the shares in the company, if any, except under special and rare circumstances permitting "piercing the corporate veil." The same is true for the members of a limited liability partnership and the limited partners in a limited partnership. By contrast, sole proprietors and partners in general partnerships are each liable for all the debts of the business.

Liability insurance is a part of the general insurance system of risk financing to protect the purchaser from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come within the coverage of the insurance policy.

Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:

Insurance bad faith is a tort unique to the law of the United States that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract.

<span class="mw-page-title-main">Tort reform</span> Legal reforms aimed at reducing tort litigation

Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.

European tort law, as a term, is not strictly defined and is used to describe a number of various features concerning tort law in Europe. The concept developed alongside other major historic developments of European integration.

The European civil code (ECC) is a proposed harmonisation of private law across the European Union.

Since November 2000 the European Centre of Tort and Insurance Law (ECTIL), based in Vienna, has been an association whose purpose is

Peter Schlechtriem was a German jurisprudential scholar.

Economic loss is a term of art which refers to financial loss and damage suffered by a person which is seen only on a balance sheet and not as physical injury to person or property. There is a fundamental distinction between pure economic loss and consequential economic loss, as pure economic loss occurs independent of any physical damage to the person or property of the victim. It has also been suggested that this tort should be called "commercial loss" as injuries to person or property can be regarded as "economic".

<span class="mw-page-title-main">Maria Austria</span> Austro-Dutch photographer

Maria Austria was an Austro-Dutch photographer who is considered an important post-war photographer of the Netherlands, and was a theatre and documentary photographer. Her neorealistic, humanist photo reportage was exhibited at the Museum of Modern Art in 1953, the Stedelijk Museum Amsterdam in 1958, the Van Gogh Museum in 1975, and the Joods Historisch Museum in 2001.

The Oslo Principles, formally the Oslo Principles on Global Obligations to Reduce Climate Change, are a set of principles identifying the legal obligations of states to limit climate change, as well as means of meeting these obligations. Written by an international group of legal experts, the Principles’ goal is to limit the rise in average global temperature to 2 degrees Celsius. The Oslo Principles were presented on March 30 at King’s College London.

References

  1. Hondius et al, Towards a European Civil Code (2004), p. 14.