Civil law e common law a confronto: il futuro diritto europeo della responsabilità civile

This article focuses on the civil law v. common law divide inasmuch as harmonization of tort law in Europe is concerned. The paper highlights how a truly common European legal culture is not likely to be achieved before two or three generations, and that whatever harmonized tort law should aim to be successful in practice and not in academic circles only. Keeping this in mind, the paper argues that European tort law drafters should leave aside any mediation with the (English) common law and pursue a balance within the continent, taking as a starting point civilian concepts, notions, and rules.