| Abstract [eng] |
Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars’ view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt. |
