IS THE NECESSITY ASSESSMENT AT THE INSTITUTE OF HARMFUL RECOVERY?

Abstract

The article of one of the most prominent contemporary representatives of “bewegliches System” conception of private law regulation provides a thorough examination of factors influencing the leading approachs to assessment of fault in german speaking jurisdictions. The author comes to conclusion that unconditional adherence to unified (either subjective or objective) approach shall not attend to the ends pursued by particular intitutions aggregated under the name of civil liability, whereas the ethically underpinned concept of liability requires subjective approach as a general rule for noncontractual liability.