The main theories relating to causality between acts and damages in civil liability law within the Civil Law and Common Law countries

Abstract

This article aims to study various theories relating to the relationship between acts and damages in civil liability law. These theories are currently well known in Civil and Common Law countries and are the main theories for the study of law, especially in civil liability law. Therefore, the study of these theories is very useful in academics. In addition to comprehend background knowledge of the theory, this study allows to understand the conceptual system of the Thai law model countries.                             

The theories discussed in this article are as follows: theory of equivalence of conditions, theory of adequate causality, theory of Aquilian relativity, which are used in Romano-Germanic countries, the Civil Law countries. The focus will also be on the most widely used actual causation in tort adjudication within Anglo-Saxon countries such as but-for test theory, proximate cause theory, efficient or direct cause theory. This study is not only for the analytical mechanisms of these theories, but also the utilization for analysis of the Supreme Court judgment.