International Harmonization of Product Liability Theory

1985年欧共体指令引入的无过错产品责任原则，其目的在于使共同市场的竞争条件平等化，实现商品的自由流动。在本研究中，本文旨在通过对《欧共体指令》通过15年多来欧盟产品责任立法的经验研究，探讨欧盟国家产品责任立法的现状，并对产品责任原则的国际协调问题进行梳理。过错责任原则以欧共体指令为依据，各国对该原则的解释和适用各不相同。此外，在欧盟国家，基于此类产品责任立法的诉讼数量相对较少，大多数产品责任诉讼都是在法院外解决或根据 ...更多信息 传统侵权法或对比法。无过错责任原则在欧盟各国没有作为统一的产品责任规则发挥作用的原因有多种。一是在排除了过失证明责任的情况下，受害人对因果关系的证明责任仍然很重。二是欧共体指令中的无过错责任原则不适用于500欧元以下的财产损害，即使大多数产品责任案件都只涉及小额财产损害，其后果是，在欧洲，人们认识到美国产品责任的危急状况是由于美国独特的社会和法律的制度造成的，而且很难实现国际化。通过统一产品责任规则来协调产品安全与受害人赔偿。然后，人们意识到产品安全法规国际协调的必要性，并开始朝着这个方向前进。少

The no-fault product liability doctrine introduced by the EC directive in 1985 has a purpose to equalize the competing conditions in the common market and to achieve the free movement of goods. In this study, it is intended to explorer the current environment of product liability legislation in the EU countries and to make clear the issues on the international harmonization of product liability doctrine based on the research of the European experiences for more than 15 years after the adoption of the EC Directive.Even though the EFTA courtiers as well as the EU countries have introduced product liability legislation based on the no-fault liability doctrine according to the EC directive, there are varieties of its interpretation and administration among the countries. Furthermore, in the EU countries, the number of lawsuits based on such product liability legislation is relatively small, and the most of the product liability litigations are settled outside of courts or decided under the … More traditional tort or contrast laws. Several explanations can be found for reasons why the no-fault liability doctrine is not functioned as the uniform product liability rule in the EU countries. One is that a victim still has a heavy burden of proof on the causation even the burden of proof on negligence was removed. The other is that the no-fault liability doctrine under the EC directive is not applicable to property damages under 500 Euro even most of product liability cases involve only small value of property damages.As the consequences, it is recognized in Europe that the US critical situation of product liability is attributable to the social and legal system which are unique to US and that it is difficult to achieve the international harmonization for product safety and victim compensation by the unification of product liability rule. Then, it is realized that the necessity for the international harmonization for product safety regulations and they have started to move forward on such direction. Less