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The essay deals with the moral and ethical content of the tort liability in connection with the treatment of the problem in the works of professor Ferenc Mádl. First of all, the author outlines the legal historical background of the issue. Later, he concerns with the ethical bases and justification of the tort liability. In this respect, the author attempts to point out that the moral element of the tort liability culpability is getting pushed to the background and has lost much of its importance. Later, he touches upon the attempts to preserve those moral grounds. Finally, the author reveals the tendency that subjective, morally based liability is overshadowed by strict liability in respect to the civil law tort liability.
Acta Juridica Hungarica – Springer Journals
Published: Oct 19, 2004
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