Tort Liability Based on Fairness in Continental Law System
摘要
It is generally believed that the idea that the minor shall bear liability based on “natural equity” stems from the Prussian Civil Code, the Allgemeines Landrecht (ALR) of 1 June 1794. ALR I, 6, Articles 41–44 as follows: “Art. 41: In cases where insane person, imbeciles, or children below the age of seven injure another, they can be required to compensate only immediate damage with their own assets. Art. 42: However, the assets of the minor may only be liable for or cannot compensate the damage. Art. 43: Moreover, the minor is liable to compensate the victim only to such extent as does not deprive him of his maintenance or an education befitting his standing in society. Art. 44: In cases where the victim has contributed to the damage, by whatever means, even by the slightest negligence, he is not entitled to damages from the tortfeasor.”