Das Günstigkeitsprinzip im Internationalen Deliktsrecht

Against the background of a 1998 reform proposal of the German government as well as in the light of recent reforms of the private international law of torts in Italy, the UK and Switzerland, von Hein analyses from a comparative perspective the principle of the more favorable law that has dominated the German international law of torts for more than a hundred years. Instead of favoring the victim regardless of the type of tort in question, the author embraces the principle of proximity as the basis of the international law of torts, thus confining the more-favorable-law-principle to specific groups of cases in which objective reasons call for imposing upon the tortfeasor a standard of liability that is more severe than that in force at the place of injury.