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Additional info for Essential Cases on Natural Causation
M. Stathopoulos, Law of Obligations – General Part (2004, in Greek) 479, no 121; Ap. Georgiades, Law of Obligations – General Part (1999, in Greek) 141, § 29. P. Filios, Law of Obligations – General Part (3rd ed. 2004, in Greek) § 93 A II. M. Stathopoulos, Law of Obligations – General Part (2004, in Greek) 480–481, no. 123; Ap. Georgiades, Law of Obligations – General Part (1999, in Greek) 141, § 29. See Athens Court of Appeal 4172/1982 NoV 31, 822–825 infra under 4/5 no. 4–7. I. Deliyannis/P. Kornilakis, Law of Obligations – Special Part, vol.
Decision 10 Although the Court of Appeal – after acknowledging that A1 and A2 were both responsible (A2 at a percentage of 30%) for causing the accident – partially accepted the claimant’s claim, the Supreme Court reversed the judgment and sent it back to the Court of Appeal for a second judgment. The Supreme Court, stating that the requisite of causation between an act and the harm is met when – according to common experience – the alleged wrongful act would ordinarily lead to the harm, held that more evidence had to be brought forward to support the assertion that the way A2 was driving his car was the cause for A1’s death.
About 60 years later, Ulpian took the requirement of a causal connection even more seriously and thus disagreed with Julian. His decision may be read as the implicit statement that the tortfeasor’s action being a conditio sine qua non for a loss suffered by the claimant was normally to be regarded as an indispensable requirement of an actio legis Aquiliae, because the sanction was increasingly understood as a compensation of the claimant’s interesse. It was therefore no longer sufficient only to show an occidere or urere, frangere or rumpere on the defendant’s side.