The consequences of contributory negligence for delictual liability in historical perspective
PhD student: Dr E.G.D. van Dongen
Promotors: Prof C.H. van Rhee, Prof J.J. Hallebeek
Duration: 1/9/2007 - 31/8/2011
PhD defence: Maastricht, 18/6/2013
In most contemporary continental European laws of delict, a wrongdoer is liable for only part of the damages in case of contributory negligence. However, according to Roman law, the wrongdoer is either liable for the entire ‘fine’ (including damages), or he is not liable at all. This is remarkable, since most continental legal systems originate in Roman law. This investigation focuses on the historical development of the effect of contributory negligence on delictual liability. It contributes to a better understanding of this phenomenon by demonstrating in which way relevant issues were solved and by describing the development of the concept.