European Tort Law: Is it possible?

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This article contemplates a new European tort law, based on entirely new, reformed common princinples and not a conceptual amalgamation of the common or not so common principles of existing national laws in the EU. It starts with discussion of the arguments for and against a common European tort law. Then the article addresses the question of how this new law should be created. It proposes five new liability principles as anchors of liability, with examples of how they should work. And it suggests a method similar to that of the American restatements, with the creation of a European Law Institute, for the production and promotion of a uniform text of European Tort Law.
Original languageEnglish
Pages (from-to)363-375
Number of pages13
JournalEuropean Review of Private Law
Issue number3
Publication statusPublished - 2002

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