Abstract
AbstractAs far as Swiss law is concerned, it has to be pointed out first that, on the one hand, civil law and public law are different fields with, e.g., different legislative and judicial powers and different procedures. On the other hand, there are evidently interdependencies between civil law and public law — in general and also with special regard to the relationship between administrative law rules (that are undoubtedly part of the public law1) and (civil) tort law. Administrative law rules — the rules about administrative activities, administrative organisation and administrative procedures2 — impact (civil) tort law in various ways: a) In Swiss law, all cases of liability for risk (Gefährdungshaftung) are regulated in special statutes outside of the Swiss Code of Obligations (Schweizerisches Obligationenrecht, OR, Systematische Sammlung des Bundesrechts (Systematic Digest of Swiss Federal Legislation, SR) 220).3 Notwithstanding the regulation of these cases in special statutes (issued under public law), they qualify as rules of civil law liability.4
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