Tort Law, Family Law and National Courts

In 2011 the Austrian OGH handed down a decision in a case concerning a father who claimed against his ex-partner for denying him a relationship with his child, their son. The court signalled that he could recover damages for non-pecuniary losses.

As this case raises interesting and fundamental questions about the relationship between tort and family law, Dr Barbara Steininger has coordinated a collective case note which will be published in the forthcoming issue of the European Review of Private Law (ERPL). A number of authors present national solutions from their own country demonstrating the breadth of solutions and approaches on offer, namely Colm Peter McGrath featuring an English (pp. 581–589), Thomas Thiede a German (pp. 591–596), Anne Marie Frøseth Anfinsen a Norwegian (pp. 597–602), Katarzyna Ludwichowska-Redo a Polish (pp. 603–607), Jordi Ribot a Spanish (pp. 609–627) and Julien Dubarry a French Perspective (pp. 629–638) on OGH 4 Ob 8/11x. Barbara C. Steininger's Concluding Remarks (pp. 639–641) review the essential aspects of all reports .


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