Unification of tort law: the case of European Union

Many arguments have been raised to support or reject the idea of unification of law in relation to civil liability. Amongst others, it is claimed that it is impossible to establishment binding principles across different countries. However, in relation to some aspects of tort, the need for unificati...

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Bibliographic Details
Main Author: Sied Mohammad Tabatabaei Neghad
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2018-04-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
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Online Access:http://jplr.atu.ac.ir/article_8351_09f94fe9edf047e8a85d374584db33b0.pdf
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Summary:Many arguments have been raised to support or reject the idea of unification of law in relation to civil liability. Amongst others, it is claimed that it is impossible to establishment binding principles across different countries. However, in relation to some aspects of tort, the need for unification is necessary due to the process of globalization. Within the European Union, arguments for supporting a unified European civil liability law relate to the emergence of the European Union and an increasingly globalized economy. This issue envisaged in the Treaty of the Union, and the harmonization of tort law is the process of creating common standards across the internal market in relation to tort elements. It is a part of the unified Europe project and a reduction in the significance of national borders. Diversities in national laws may create problem of efficacy in the ever more globalized economy. This article analyzes the importance of harmonization of tort law in the EU, and examines barrier to the harmonization. It concludes that even if this process is of crucial importance, the aim is not to achieve it in all aspects of tort law.
ISSN:2345-3583