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B - Draft Common Frame of Reference (DCFR) Book VI: Non-contractual liability arising out of damage caused to another (2009)

from PART 2 - Two European reform proposals on liability law

Published online by Cambridge University Press:  25 May 2011

Gert Brüggemeier
Affiliation:
Universität Bremen
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Summary

Chapter 1 Fundamental provisions

VI.–1:101 Basic rule

  1. (1) A person who suffers legally relevant damage has a right to reparation from a person who caused the damage intentionally or negligently or is otherwise accountable for the causation of the damage.

  2. (2) Where a person has not caused legally relevant damage intentionally or negligently that person is accountable for the causation of legally relevant damage only if Chapter 3 so provides.

VI.–1:102 Prevention Where legally relevant damage is impending, this Book confers on a person who would suffer the damage a right to prevent it. This right is against a person who would be accountable for the causation of the damage if it occurred.

VI.–1:103 Scope of application VI.–1:101 (Basic rule) and VI.–1:102 (Prevention):

  1. (a) apply only in accordance with the following provisions of this Book;

  2. (b) apply to both legal and natural persons, unless otherwise stated;

  3. (c) do not apply in so far as their application would contradict the purpose of other private law rules; and

  4. (d) do not affect remedies available on other legal grounds.

Chapter 2 Legally relevant damage

Section 1 General

VI.–2:101 Meaning of legally relevant damage

  1. (1) Loss, whether economic or non-economic, or injury is legally relevant damage if:

  1. (a) one of the following rules of this Chapter so provides;

  2. (b) the loss or injury results from a violation of a right otherwise conferred by the law; or

  3. […]

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Publisher: Cambridge University Press
Print publication year: 2011

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