Objectives and regulatory problems of tort law, the magic triangle of tort law

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Chapter 5 in The Economic Analysis of Civil Law, 2022, pp 142-171 from Edward Elgar Publishing

Abstract: Civil codes in general do not contain any explicit statements about the policy objectives of civil liability Of course, a discussion of the objectives pursued by statutory provisions can be dispensed with in the context of the judicial application of the law if and insofar as the court decision can be derived from the statutory norms by logical deduction according to the subsumption model. However, this is not the case in tort law, nor in other fields of civil law. Rather, it is precisely in tort law that the further development of the law by the courts was and remains crucially important. Tort law in civil law countries is to a large extent judge made law.

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2022
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