Fiore, Karine --- "No-Fault Compensation Systems" [2009] ELECD 300; in Faure, Michael (ed), "Tort Law and Economics" (Edward Elgar Publishing, 2009)

Book Title: Tort Law and Economics

Editor(s): Faure, Michael

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206596

Section: Chapter 14

Section Title: No-Fault Compensation Systems

Author(s): Fiore, Karine

Number of pages: 27

Extract:

15 Harmonizing tort law: a comparative tort
law and economics analysis
Willem H. van Boom*


15.1 Introduction
Differences between tort law systems can be analysed from different
perspectives. Take, for instance, liability for pure economic loss, which
is prototypical of an ongoing debate among comparative tort law schol-
ars. Tort law systems in Europe diverge considerably in their dogmatic
approach to such cases, regarding both the extent to which such claims are
acknowledged at all and the legal reasoning used in doing so. In common
law systems, the so-called `exclusionary rule' is predominant. Germanic
legal systems are hostile to claims for pure economic loss, but do acknowl-
edge certain categories in which protection is offered. Contrastingly, the
franco-legal systems tend to be more receptive to claims for pure economic
loss as such. There are historical, dogmatic and technical legal explanations
for the differences in treatment of pure economic loss and indeed differ-
ences between tort law systems as a whole. These explanations have been
reported extensively in legal literature and they go a long a way to explain-
ing differences between the main families of tort law in Europe.
By contrast, comparative law and economics offers both a positive
and normative economic analysis of these differences between tort law
systems. (Faure, 2003, pp. 33­4). For example, in the area of pure eco-
nomic loss see the comparative economic analysis of pure economic loss
by Francesco Parisi (2003; Parisi, Palmer and Bussani, 2007). Concerning
pure economic loss, ...