By Miquel Martín-Casals
This quantity solutions a number of questions about harm as a result of teenagers. Are youngsters at once in charge and is there any age restrict less than which they've got no tortious potential? Can young ones, inspite of their loss of tortious potential, for purposes of fairness be held responsible in extraordinary stipulations? what's the dating among legal responsibility of youngsters and legal responsibility in their mom and dad or guardians? Are those questions spoke back by way of specified principles of basic software in all fields of tort legal responsibility or are there particular ideas for particular torts? The booklet comprises stories from eleven ecu Member States and from Russia and a comparative research.
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Additional info for Children in Tort Law, Part I: Children as Tortfeasors (Tort and Insurance Law) (Pt. 1)
M. Wilburg, Haftung für Gehilfen,  Zentralblatt für die juristische Praxis (ZBl), 726; H. Koziol (supra fn. 3), 353. 34 Susanna Hirsch D. Insurance Matters by Prof. Dr. Felix Wieser 11. a) Are children covered by family liability insurance policies? g. part of a household contents or occupier’s liability insurance? 138 In Austria, policies such as “family liability insurance” do not exist. But socalled “private liability insurances” are an integral part of comprehensive homeowners’ insurance policies.
379. 207 Less gifted and mentally disabled children necessitate a higher extent of supervision. 210 c) Circumstances in the person of the parent: 189 Circumstances in the person of the parent are especially important when judging what extent of supervision is reasonable. 215 191 On the other hand, disabilities of the supervisor do not influence the objective duty of care. They are, however, decisive when establishing fault. 205 206 207 208 209 210 211 212 213 214 215 Also these criteria mainly determine the dangerousness of the situation.
It therefore seems realistic to assume that the proportion of Austrian children covered by liability insurance cannot be less than 90%. b) Does the liability insurance cover extend to intentional torts committed by the child? 145 No, there is a general exclusion in respect of damage caused by intentional torts. This exclusion applies to damage caused by children too. 13. a) Are parents under a duty to take out liability insurance for their child? 146 No. Parents are under no legal duty to take out liability insurance.
Children in Tort Law, Part I: Children as Tortfeasors (Tort and Insurance Law) (Pt. 1) by Miquel Martín-Casals