Unit:
Κατεύθυνση Αστικό ΔίκαιοLibrary of the School of Law
Author:
Vrachasotakis Ioannis
Supervisors info:
Κωνσταντίνος Καραγιάννης, Επίκουρος Καθηγητής, Τμήμα Νομικής, Νομική σχολή
Γεώργιος Λαδογιάννης, Επίκουρος καθηγητής, Τμήμα Νομικής, Νομική σχολή
Βάνιας Παναγιωτόπουλος, Λέκτορας, Τμήμα Νομικής, Νομική σχολή
Original Title:
Η (γενική) υποχρέωση πρόνοιας και επιμέλειας σε περιπτώσεις πρόκλησης επικίνδυνων καταστάσεων
Translated title:
The (general) duty of care and diligence in cases of causation of dangerous situations
Summary:
The subject of this essay is the condition of unlawfulness in the system of tort liability, especially its extension by utilizing the duties of care. At first, the system of tort law as part of Civil law is displayed, along with the layout of tort liability system in Greek Civil Law (in correlation and in comparison with corresponding systems in other countries) and the initial approach of condition of unlawfulness. Afterwards, the theoretical basis of the duties of care is founded on the general clauses of Civil law, specifically on the general clause of bona fides. The judgment on the existence or non-existence of duties of care should not be made in abstracto but in concreto, always in relation to the particular case and its circumstances. It therefore appears necessary to base the judicial crisis on duties of care on some - even indicative - criteria. Τhe element of risk has an important place among the criteria, as it is inherent in both the law and the social reality. Ultimately, in the context of the essay, in comparison with the subject of the duties of care, the following theories come under review; the theory of a "general duty of care", the standpoint that supports the role of negligence (because of its objective content attributed) as a component of the conditions of unlawfulness and fault, as well as one of its variations, which supports the distinction between the two conditions, via posing negligence on more subjective criteria.
Main subject category:
Law and Legislation
Other subject categories:
Civil Law
Keywords:
duty, danger, diligence, care, negligence, tort
