¿Hacia un derecho europeo de la responsabilidad civil? Los proyectos, los métodos, las perspectivas
In the last several decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, eu institutions frequently highlight the need to simplify the current diversity in European tort law, and try to achieve this goal by inject...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2014
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4774800 |
| Source: | Revista de Derecho Privado, ISSN 0123-4366, Nº. 26, 2014, pags. 407-447 |
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| Summary: |
In the last several decades, building a common European tort law has become
a primary goal for many European institutions and research groups. On the one
hand, eu institutions frequently highlight the need to simplify the current diversity in
European tort law, and try to achieve this goal by injecting -so far quite incoherent- pieces of legislation into the European legal framework. On the other hand, many
research groups aim to enhance the Europanization process through means that are
much differentiated one to the other. Some of these groups (e.g., "the European Group
on Tort Law" and the �Study Group on a European Civil Code�) adopt a top-down approach,
and seek to draft a �soft� European tort law. Others (e.g., the "Ius Commune Casebook for a
Common Law of Europe" project and the "Common Core of European Private Law" project) follow
a bottom-up path, committed to developing a better knowledge on tort law across
European law-users.
Despite the number and the quality of such enterprises, there is no agreement on what
should be done or on who should do it. It is from this debate that this paper takes
off, aiming to offer an overview of the endeavors currently under way, of the different
techniques and methodologies they adopt, and of the possible outcomes that they are
likely to produce in both the short run and the long run. |
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