Earticle

초록

영어

Recently, many countries in Europe have been trying to develop the uniform law to accelerate the system of European Union. As the one of their achievement, the European Group on Tort Law has been drafted the Principles of European Tort Law. This paper will handle the causation part of topic in torts. In order to understand the characteristics of the PETL, this paper will explain and analyze the each countries' policy on causation.
Causation theory in German has function as to determine the scope of damage. In Germany the causation has developed as considering the foreseeability of the damage might occurred, or the intended purpose of the law to prevent injury and the risk relevancy. On the other, In British and American precedents, the principle of foreseeability that is based on the condition that the results was foreseeable or may be foreseeable in consideration of that reasonable other party knew or may know the fact in the place of the person in calculating reparation in damages by beach of contract or tort is identical to Article No. 393 of Korean Private Law.

목차

I. 서설
 II. 독일
  1. 기본적 체계
  2. 독일에서의 인과관계 및 손해배상범위 제한이론의 전개
 II. 영미법
  1. 책임성립의 인과관계와 배상범위의 인과관계의 구별 필요성 여부
  2. 사실적 인과관계에 관한 이론
  3. 손해배상책임의 범위에 관한 이론
 III. 일본
  1. 제한배상주의
  2. 책임성립의 인과관계와 배상범위의 인과관계의 구분 여부
  2. 손해배상범위 제한이론의 다양한 전개 및 인과관계 개념의 수정
 Ⅳ. 기타 국가
  1. 프랑스
  2. 스위스
  3. 오스트리아
 [참고문헌]
 

키워드

인과관계 상당인과관계 완전보상 원칙 엄격 배상원칙 채무불이행 Causal relationship Reparations responsibility Full compensatory principle Restriction compensatory principle Default on an obligation.

저자

• 이혜리 [ Lee, Hye-Ri | 동국대학교 법과대학 조교수 ]

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