Comparative Tort Law

Abstract

Tort law has always been one of the major areas of comparative law. Whereas the law of property, even today, remains on the outskirts of comparative learning, the law of extra-contractual liability has attracted much interest from comparative law scholars. This article considers general clauses versus a variety of individual torts, the scope of protection, the liability for fault, strict liability, and tort law and insurance. It also discusses the choice between the tort system and no-fault insurance schemes. Finally, it addresses the challenges raised by digitalization. Regardless of whether one agrees or disagrees with the solutions offered, the principles and the commentaries thereon certainly provide a valuable starting point for further scholarly efforts and critical discussion.