The project of harmonising European tort law

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Series Details Vol.42, No.5, October 2005, p1269–1312
Publication Date October 2005
ISSN 0165-0750
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Publishers Abstract:
A hundred years ago, a presentation of principles of European tort law to the learned public would have been unthinkable. The European Group on Tort Law did not start its work with a European Civil Code in mind, and many of its members have not signed on to this project up to the present day. However, in the year 2005, it is impossible to think about harmonisation of European private law without taking the big issue into account, i.e. without addressing the political issues associated with the project of a European Civil Code. On the other hand, the avalanche of emotions, thoughts and arguments triggered by the suggestion of full harmonisation through legislation must not bury the beautiful flower of soft harmonisation. Once the politicians and lobbyists have taken the floor Europeans will all be happy to have sets of principles which were discussed and drafted by a group of scholars, neutral and devoted to the promotion of justice in Europe.

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