Analogy in the strict liability rules in the Dutch Civil Code

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    Abstract

    In the Civil Code of the Netherlands analogy and related legal techniques are appealed to in order to fill gaps in the Code. The Civil Code instructs courts to apply contrary-to-fact reasoning, in rewriting the facts of a case into an analogous scenario, in which, in the case of liability for animals, the ‘possessor’ is imagined to be in control of the behaviour of an animal that causes damage. This discussion is extended to other issues, showing that analogical reasoning is not, as so often assumed, a stopgap measure to repair deficiencies in legal rules, but is in fact an essential part of a paradigmatic civil code.
    Original languageEnglish
    Title of host publicationAnalogy and exemplary reasoning in legal discourse
    EditorsHendrik Kapitein, Bastiaan van der Velden
    Place of PublicationAmsterdam
    PublisherAmsterdam University Press
    Chapter10
    ISBN (Electronic)9789048537143
    ISBN (Print)9789462985902
    DOIs
    Publication statusPublished - 1 Apr 2018

    Keywords

    • private law
    • animals

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