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14 Cards in this Set

  • Front
  • Back

France

1240 - Fault




1242 - intentional act and negligence




Different ways to establish fault

Austria

You nee to compensate damages causes by his/her fault/conduct --> Definition of damages 1295


- Contractual


- Non-contractual


Later


- Public policy


- Exercise rights had the purpose to get damages

Portugal

Infringes rights of another person --> Absolute rights




Later: fault + unlawfulness. Two different expressions


- Absolute rights


- Statutory rules / provisions




483 para. 2: without fault --> Provided by law

Switzerland

Fault + Unlawfulness

Italy

French model: Fault + Unlawfulness


- Absolute rights were protected


- Meroni: also relative rights (Meroni)

Spain

French model + also legal person

Germany

Fault + Unlafulness --> Definitions of unlawfulness


- Absolute rights - 823


- Statutory rules - 823


- Public policy - 826

Greece

His fault + contrary to law (interpretation) - 914

Sweden

SKL section 2




Compensate when personal injury / property damage




Economic losses --> Criminal offence




Other violations --> Crime

Finland

VAHL section 2




Fault, injuries or damages required for liability

Denmark

Made by judges

Romanian

57




Every person has a duty to abide rules of conducts which lie upon him




Not cause injuries to another person

Competition law

Fault, but


- No need to establish intent or negligence


- No need to investigate on damages when imposing fines

DCFR

- Interests


- Violation of a right otherwise confirmed in law


- Not in first list and doesn't amout to a right --> fair and reasonable