Fundamental Rights and Private Law in Europe: The Case of Tort Law and Children

The book explores the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. The work focuses on the field of tort law and looks, in particular, at the legal position of the tortfeasor. Part one of the book is dedicated to exploring the different possible models of Drittwirkung, the functions and evolution of tort law, and the particular impact that fundamental rights may have in shaping the legal consequences that may derive to tortfeasors from their tortious acts. Part two focuses on the relationship between children’s tortious liability and their fundamental rights in a number of jurisdictions including France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. The book goes on to consider policy implications and advances proposals which would ensure the optimisation and maximisation of the scope of fundamental rights in the field of tort law.