Abstract

PAPAYANNIS, Diego M.. The Practice of Alterum Non Laedere. Isonomía [online]. 2014, n.41, pp.19-68. ISSN 1405-0218.

In this paper I claim that alterum non laedere is the main tenet of tort liability, and without it many features of our tort law systems become unintelligible. Once the role that alterum non laedere plays in legal reasoning is established it can be seen that the practice of tort law is articulated on harm prevention and only secondarily on reparation. In addition, this thesis has important theoretical implications.

Keywords : tort law; duty not to harm; prevention; compensation; justified harm; unlawfulness; fault.

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