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Compensation for personal injury in Western Europe - Principles, practice and recent developments in the field of non-pecuniary loss in eight countries

Utgave: 3 / 1994 | Kategori: EU og internasjonal forsikring, Trafikk- og motorvognforsikring, Forsikringsrett | Forfatter: Paul Szöllösy

1. Differing principles of liability and standards of compensation in the European countries Who is responsible for damage that has occurred through human error and how, in particular, reparation can be provided for the consequences of bodily injury or the death of a person are questions that are answered differently in every country, even within Europe. There is widespread agreement on the principle that whoever is culpable of causing damage to another party is obliged to compensate. The stage of development of the society, economics and technology, as well as the traditions and aspirations of national law, are the decisive factors here. Increased efforts have nevertheless been made recently by international organisations, and in particular by the European Community (EC), to bring about legal approximations, in the tort law sectors also, of the European countries. The most important example of this is the EC Directive on Products Liability of 12.7.1985, which has in the meantime been implemented into the national law of most of the West-European countries.