Comparative Tort Law
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Comparative Tort Law

Global Perspectives

Edited by Mauro Bussani and Anthony J. Sebok

This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
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Chapter 23: Tort law in Hispanic America

Marco de Morpurgo and Daniel Peñailillo Arévalo

Abstract

This chapter offers a comparative picture on the law of torts in the Hispanic American region. It starts by reviewing the origins of these legal systems, emphasising the diversity of macro-forces that have shaped the law in the region, resulting in a situation of remarkable legal pluralism. It then retraces the foundations of extra-contractual liability in Hispanic American law, examining some of the civil codes adopted during the 20th and 21st centuries. The chapter reflects on the interaction between the multiple legal formants that contribute to the development of tort law in the region, focusing on the prominent role of legal scholarship. The chapter concludes by acknowledging a complex picture that only a thorough comparative analysis can aspire to grasp, which should be at the basis of any reform initiative.

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