In It, It Is Literally Said That with the Unlawfulness of the Damage “It Is Made Clearer than in the Norm of the Civil Code of 1865 That Fault and Unlawfulness Are Different Concepts; and, Therefore, It Is Demanded That the Act or the Omission, to be Source of Liability, Must Be Intentional or Negligent, That Is, Imputable, and It Has to Be Carried Out through Damage to Another’s Legal Sphere. It Will Be No Liability When the Damage Is Caused in Self-Defense Because Who Acts in That Case Has the Power to Defend His Own Right against the Aggressor; the Damage Caused in That Situation Cannot Be Qualified as Unlawful. In Other Words, There Is Unlawfulness When You Harm, without Justification, Another’s Sphere”. Quoted Following Alpa, G. (1990) Danno ingiusto e ruolo della colpa. Un profilo storico, Rivista di Diritto Civile, 36-II, 133 ff.

has been cited by the following article:

• TITLE: Unlawfulness in Western European Tort Law

  AUTHORS: Martín García-Ripoll

  KEYWORDS: Tort Law, Unlawfulness, Wrongfulness, Fault, Liability of Minors and Mentally Ill Persons

  JOURNAL NAME: Open Access Library Journal, Vol.2 No.6, June 15, 2015

  ABSTRACT: In the wake of the German Civil Code (BGB), the codes of different countries of Western Europe include an apparently distorting requisite for an action in tort, which is the unlawfulness. This paper aims to clarify its original meaning and the possibilities of accepting it in jurisdictions where its law does not require expressly that element, including those of Common Law. Before moving directly into the problem, a clarification seems necessary for Common Law scholars, for this paper is focused on a scientific European issue. In Common Law, it is debatable whether there is a general tort law or different torts, but no matter the opinion of the different authors is , each tort is supposed to have its own requisites. In contrast, in Continental Law, the trend is to establish common requisites for all torts (although it is distinguished between “normal” and strict liability), and to insert subsequently nuances when dealing with special group of cases. This paper deals with one of these general elements of an action in tort in some codified systems: the unlawfulness, but without rejecting its usefulness in Common Law jurisdictions.