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Chapter Summary

This introductory chapter provides an overview of the book, which shows how cases in which the injured party's own act was considered to have contributed to the damage were solved dogmatically. France and the German Empire were chosen to be studied because they produced influential codes of substantive (and procedural) civil law. The book seeks to compare the function of 'contributory negligence' in its attempt to solve a factual problem. At first the problem is defined in general terms, the focus of the elaboration of the study being on the area of the law of delicts and on the solutions for the problem in the past. What was the legal effect of the contribution of the injured party to extra-contractual, i.e. delictual liability? One has to keep in mind that the 'law of delicts' does not concern criminal law but civil liability.

Keywords: civil law; France Empire; German Empire; law of delicts



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