Fundamental Rights and Private Law in Europe The Case of Tort Law and Children [Hardcover]

The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkungor horizontal effect of fundamental rights. It discusses the different models of horizontal effectand the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, childrens rights and European private law.

Introduction Part I1.The Horizontal Effect of Fundamental Rights: Theories and Models 2. Tort Law: Aims, Functions and Evolution 3. The Horizontal Effect of Fundamental Rights and Tort Law: What about the Tortfeasor? Part II4. The Fundamental Rights of Children: International, European and National Perspectives 5. Childrens Torts: European National Legal Solutions 6. Childrens Tortious Liability in Europe: Comparison, Critique and Proposals. Conclusion

Drawing on a range of legal and non-legal fields, incls¬