Common Principles of Tort Law: A Pre-Statement of Law

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Article 288 (2) EC, on liability of the European Community and its organs, refers to the common principles of tort law in the Member States. There are at least two good reasons for looking into these general principles: in nearly all developed Western legal orders, tort law is determined through judge-made law, which now requires a comparative orientation by means of principles and systemized casuistry, and the various attempts to "Europeanize" private law - from mere restatements to a comprehensive European Civil Code - are all grounded in these common principles of contract law, tort law, property law and so on. This book's somewhat unconventional contribution takes its cue not so much from the politically defined "EC Europeanization, " but rather from the transnationality of law. By comparing tort law in the EC member state, Germany, and the non-EC member, the US (two of the most developed western industrial nations), this publication endeavors to develop principles which serve as a

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