Private Law Theory

ABSTRACT
According to art 10:101 of the Principles of European Tort Law (PETL), tort law pursues two objectives: compensation and the prevention of harm. The following contribution argues that modern tort law pursues a much wider range of objectives. The author identifies a total of eleventh functions which interact and complement each other. He suggests for a future version of the PETL to explicitly mention the whole range of objectives. Naming the full range would facilitate the application of tort law and a teleological interpretation of its provisions, which is, alongside the grammatical interpretation, the most important method for legal interpretation in continental Europe.

Thomas Kadner Graziano, The Purposes of Tort Law – Article 10:101 of the Principles of European Tort Law Reconsidered, Journal of European Tort Law, volume 14, issue 1. Published by De Gruyter 5 April 2023.