Sino-European Private Law Forum - Fault-based and Strict Liability

The fourth project in the cooperation between ETL, ECTIL and the Law School of Yantai University (Sino-European Tort Law Institute), China, addresses the topic ‘Fault-based and Strict Liability’. While it seems safe to say that all European legal systems, as well as the Chinese Tort Liability Law, endorse liability based on fault, they differ in their attitude towards liability in the absence of such a foundation. The aim of the project is to examine the Chinese Tort Liability Law’s relatively cautious use of strict liability, on the one hand, and prominent support for it in influential Continental European jurisdictions, on the other. The project pays special attention to the use of rules reversing the burden of proof of fault in Chinese and European statutes, which are sometimes considered to fall into a grey area between fault-based and strict liability.

The results are published in the ‘Sino-European Legal Studies’ series:

Fault-Based and Strict Liability. Chinese and European Perspectives

Edited by Ernst Karner and David Messner-Kreuzbauer
Jan Sramek Verlag, Vienna
Hardcover. ISBN 978-3-7097-0291-8
2024, 308 pp

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