2 JETL 1 (2011)

handle is hein.journals/jetl2 and id is 1 raw text is: 





       European Civil Liability Law outside Europe.
   The   Example of the Big Three: China, Brazil, Russia


                                      by

                            GERT  BRUGGEMEIER


Abstract: The current article examines how China, Brazil and Russia - three major second-
generation industrial states whose legal systems are founded on European civil law - have
reacted to the legal challenges of modern risk society in their recent codifications of tort law.
The author provides an overview of the new liability regimes that have been put in place,
demonstrating the extent to which traditional fault-based liabilities have been replaced by
stricter liabilities based on risk, whether resulting from organisational shortcomings in in-
dustrial processes or inherent in industrialisation and technical development.

                                                             (2011) 2 JETL   1



                               I. Introduction

The  wealth of western  societies is grounded on the division of labour, mech-
anisation and  technical innovation.' This process of societal modernisation,
however,  has its dialectics. The growth of knowledge  is accompanied  by  the
growth  of uncertainty about possible risks created by this scientific and tech-
nological progress.2 Complexities  and  contingencies  are thus becoming   the
characteristics of the so-called modern  risk society.3 Risk society is just the
other side of the coin of knowledge   society. One does not exist without  the
other. The reaction of civil liability law to this fundamental process is ambiv-
alent.4 The private law of the  19th century still celebrated the result of the
political revolution: the universality of private autonomy   ('from  status to



   Professor of Law, University of Bremen. This article is based on a lecture delivered in
   Vienna at the Institute for European Tort Law, Austrian Academy of Sciences, on 13
   October 2010, and in Fribourg, Switzerland, at the Faculty of Law, on 5 November 2010.
1  Cf A Smith, An Inquiry into the Nature and Causes of the Wealth of Nations (1776); E
   Durkheim, De la division du travail social (1893); for criticism: K Marx, Das Kapital.
   Kritik der Politischen Okonomie, 3 vols (1867/1885/1895).
2  See, inter alia, N Luhmann, Soziologie des Risikos (1991); G Bechmann (ed), Risiko und
   Gesellschaft (2nd edn 1997).
3  Cf U Beck, Risikogesellschaft. Auf dem Weg in eine andere Moderne (1986); id, Die
   Politik der Technik - Weltrisikogesellschaft und okologische Krise, in: W Rammert (ed),
   Technik und Sozialtheorie (1998) 261 ff.
4  The focus is restricted here to the continental European civil law regimes and their non-
   European heirs abroad. Common law is not encompassed.

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