CETL: Week 1A with 100%
correct answers already
graded A+
Somewhere between full harmonization and only harmonizing tort law insofar
it is necessary for the functioning of the European market, the latter view
seems predominant - answer To what degree is European tort law
harmonized?
Derives from the French word for wrong, a typical common law term which
does not have a true parallel in continental legal systems, means extra-
contractual liability law excluding agency without authority and unjust
enrichment - answer What is a tort?
There is an upper and a lower tier - answer How can European tort law be
distinguished?
Binding tort law, consists of EU legislation (treaties, regulations, directives &
ECJ case law); ECHR case law - answer What is the upper tier of European
tort law?
Consists of the national tort laws - answer Lower tier of European tort law
There used to be a ius commune based on Roman law but this disappeared
with the rise of the nation-state, but because of increasingly permeable
borders and transborder information exchange domestic laws are inceasingly
influenced by other national and supranational systems - answer How have
the different national tort law systems changed in relation to each other?
Comparative law (the art of comparing and analysing the range of European
legal systems and discussing the feasibility and desirability of a realistic
, European tort law aka a European ius commune, illustrative of a multilayered
international order, there are sometimes convergent tendendies but there
are substantial differences - answer What is the link between the upper and
lower tier of European tort law?
Damage caused by nuclear accidents, liability of air carriers, accidents at
sea, liability for oil pollution, matters of private international law - answer
What are examples of aspects of tort law that are truly international?
Compensation for the victim, rules of strict liability, the principle of
distributive justice - answer What does the French tort law system focus on?
The defendant's conduct, principle of corrective justice, barely considers
rules of strict liability - answer What does the English tort law system focus
on?
It formally and dogmatically focuses on the defendant's conduct (fault
liability) but at a policy level it is heavily inspired by the principle of
distributive justice - answer What does German tort law focus on?
To understand your own legal system better, to put one's own system in an
international perspective, to find the country with the most favourable rules
for a lawyer's clients, national legislators can use it to assess a country's
position on the regulatory market (is it attractive for companies?), European
Commission uses it to assess the state of affairs in the MS and to show that
differences distort the internal market, can be used to lobby a government,
national ocurts can use it to find a direction for their decision, ECJ tries to
develop law on the basis of legal principles, used to achieve harmony among
the nations - answer Uses for comparative law
1) The rules and cases are not in the same language so the language of at
least one system needs to be translated, some information gets lost and
incorrect information is added 2) Rules and cases are only one of the many
elements of a legal system, they cannot be detached so a broader context is
needed to evaluate rules & cases, courts work different 3) National legal
systems are closely linked with national cultural values, differences can only
correct answers already
graded A+
Somewhere between full harmonization and only harmonizing tort law insofar
it is necessary for the functioning of the European market, the latter view
seems predominant - answer To what degree is European tort law
harmonized?
Derives from the French word for wrong, a typical common law term which
does not have a true parallel in continental legal systems, means extra-
contractual liability law excluding agency without authority and unjust
enrichment - answer What is a tort?
There is an upper and a lower tier - answer How can European tort law be
distinguished?
Binding tort law, consists of EU legislation (treaties, regulations, directives &
ECJ case law); ECHR case law - answer What is the upper tier of European
tort law?
Consists of the national tort laws - answer Lower tier of European tort law
There used to be a ius commune based on Roman law but this disappeared
with the rise of the nation-state, but because of increasingly permeable
borders and transborder information exchange domestic laws are inceasingly
influenced by other national and supranational systems - answer How have
the different national tort law systems changed in relation to each other?
Comparative law (the art of comparing and analysing the range of European
legal systems and discussing the feasibility and desirability of a realistic
, European tort law aka a European ius commune, illustrative of a multilayered
international order, there are sometimes convergent tendendies but there
are substantial differences - answer What is the link between the upper and
lower tier of European tort law?
Damage caused by nuclear accidents, liability of air carriers, accidents at
sea, liability for oil pollution, matters of private international law - answer
What are examples of aspects of tort law that are truly international?
Compensation for the victim, rules of strict liability, the principle of
distributive justice - answer What does the French tort law system focus on?
The defendant's conduct, principle of corrective justice, barely considers
rules of strict liability - answer What does the English tort law system focus
on?
It formally and dogmatically focuses on the defendant's conduct (fault
liability) but at a policy level it is heavily inspired by the principle of
distributive justice - answer What does German tort law focus on?
To understand your own legal system better, to put one's own system in an
international perspective, to find the country with the most favourable rules
for a lawyer's clients, national legislators can use it to assess a country's
position on the regulatory market (is it attractive for companies?), European
Commission uses it to assess the state of affairs in the MS and to show that
differences distort the internal market, can be used to lobby a government,
national ocurts can use it to find a direction for their decision, ECJ tries to
develop law on the basis of legal principles, used to achieve harmony among
the nations - answer Uses for comparative law
1) The rules and cases are not in the same language so the language of at
least one system needs to be translated, some information gets lost and
incorrect information is added 2) Rules and cases are only one of the many
elements of a legal system, they cannot be detached so a broader context is
needed to evaluate rules & cases, courts work different 3) National legal
systems are closely linked with national cultural values, differences can only
