Contributory Negligence under Belgian Law Herman Cousy and Dimitri Droshout Part I – General questions 1. Contributory negligence as an element of tort law [1] The concept of contributory negligence is well known in Belgian tort law.1 ...
Wrongfulness in Belgian Tort Law Herman A. Cousy I. The legal basis of the Belgian law of tort is (still) to be found in Articles 1 382 and 1383 of the (Napoleonic) Code Civil (hereafter called Civil Code), establishing the general ...
Role of fault – Relationship between fault-based liability and other forms of liability – Aims of the fault requirement [1] The core provisions of Belgian tort law have always been found and are still to be found in the up till now ...
However, already around the turn of the twentieth century, the Belgian Cour de cassation held that the paragraph imposed a specific strict liability upon the owners of defective goods, in an effort to cope with the influence of the ...
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