Vahingonkorvausoikeuden periaatteet
type: CreativeWork
description: The main objective of the study is to articulate and justify the general principles of Finnish tort law. In the second place, the study aims at specifying what kinds of argument are relevant in supporting a claim that a certain principle should be recognized as a legal principle. In the study, legal principles are understood as general and explicitly value-laden legal norms. Their validity conditions are twofold: legal principles should have institutional support and be morally and/or politically justified. In the study, the requirement of institutional support is given a substantial interpretation: in order to have institutional support, a principle should justify legal rules. A principle's institutional support is strengthened when a) the ruling required by an unambiguous legal rule is justified by the principle or b) the facts to which a vague legal rule attaches importance are relevant in evaluating the justification of a decision from the principle's point of view. In order to be a legal principle, a principle should gain wide institutional support from legal rules which are important in practice and have strong weight as the basis of a decision. At the same time, a scholar should critically evaluate the moral justification of a principle. In the study, four general principles of Finnish tort law are articulated. 1) The principle of excessive risks: if the damage results from imposing the injured party's fundamental rights to excessive risks, the wrongdoer is liable for damages. The principle requires the compensation to be proportional to the excessive risks, and gains institutional support mainly from fault liability. 2) The principle of compensation for grave injuries: a natural person suffering grave personal injury is entitled to compensation. The principle does not prefer tort liability to other methods of compensation. Within Finnish tort law the principle gains institutional support from various legal rules relaxing or departing from the requirement of …
abstract: The main objective of the study is to articulate and justify the general principles of Finnish tort law. In the second place, the study aims at specifying what kinds of argument are relevant in supporting a claim that a certain principle should be recognized as a legal principle. In the study, legal principles are understood as general and explicitly value-laden legal norms. Their validity conditions are twofold: legal principles should have institutional support and be morally and/or politically justified. In the study, the requirement of institutional support is given a substantial interpretation: in order to have institutional support, a principle should justify legal rules. A principle's institutional support is strengthened when a) the ruling required by an unambiguous legal rule is justified by the principle or b) the facts to which a vague legal rule attaches importance are relevant in evaluating the justification of a decision from the principle's point of view. In order to be a legal principle, a principle should gain wide institutional support from legal rules which are important in practice and have strong weight as the basis of a decision. At the same time, a scholar should critically evaluate the moral justification of a principle. In the study, four general principles of Finnish tort law are articulated. 1) The principle of excessive risks: if the damage results from imposing the injured party's fundamental rights to excessive risks, the wrongdoer is liable for damages. The principle requires the compensation to be proportional to the excessive risks, and gains institutional support mainly from fault liability. 2) The principle of compensation for grave injuries: a natural person suffering grave personal injury is entitled to compensation. The principle does not prefer tort liability to other methods of compensation. Within Finnish tort law the principle gains institutional support from various legal rules relaxing or departing from the requirement of …
author: Mielityinen, Sampo
language: fin
date published: 2006-06-16
date modified: 2026-07-27T19:55:58Z
provider: University of Helsinki
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Edita Publishing Oy

PropertyValue
property ID: Handle
value: http://hdl.handle.net/10138/18321