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2004•Unpublished venueRequires access

On the Concept of Unlawfulness in Torts Law

Eng Xia

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Abstract

The French law of torts has a single concept of fault(faute). Unlike French law, German law of torts has kept the element of fault (Verschulden) separate from that of objective unlawfulness (rechtswidrigkeit). There are as following reasons for the difference. Firstly, the philosophical idea of German Civil Code (BGB) is different from that of French Civil Code; Secondly, the principle of nullum crimen sine lege, nulla poena sine lege influenced the drafter of German Civil Code; Finally, there are difference between Germany and France on the drafting technique of civil code.

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What this paper is about

The French law of torts has a single concept of fault(faute). Unlike French law, German law of torts has kept the element of fault (Verschulden) separate from that of objective unlawfulness (rechtswidrigkeit). There are as following reasons for the difference. Firstly, the philosophical idea of German Civil Code (BGB) is different from that of French Civil Code; Secondly, the principle of nullum crimen sine lege, nulla poena sine lege influenced the drafter of German Civil Code; Finally, there are difference between Germany and France on the drafting technique of civil code.

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Available abstract

The French law of torts has a single concept of fault(faute). Unlike French law, German law of torts has kept the element of fault (Verschulden) separate from that of objective unlawfulness (rechtswidrigkeit). There are as following reasons for the difference. Firstly, the philosophical idea of German Civil Code (BGB) is different from that of French Civil Code; Secondly, the principle of nullum crimen sine lege, nulla poena sine lege influenced the drafter of German Civil Code; Finally, there are difference between Germany and France on the drafting technique of civil code.

Key concepts: Civil code, Law, German, Civil law (Civil law), Code (set theory), Element (criminal law), Political science, Philosophy

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