7. Belgium

De Saint Moulin, Elise [UCL] Dubuisson, Bernard [UCL] et al.

Digests 1–3 dealt with the requirements for establishing tortious liability (causation, damage, misconduct). If all of these conditions are met, this raises the question of a limitation of the resulting liability. Imposing liability for any and every loss caused by misconduct in the sense of the conditio sine qua non (but for) test would often lead to an uncontrolled flood of liabilities. In all of the liability systems of Europe, instruments capable of limiting liability have therefore been developed and these form the basis of the present investigation. B. Dubuisson and E. De Saint Moulin explain the rules in force in Belgium on this matter.