European legal systems largely inherited this doctrinal structure. Before the enactment of the BGB, for example, German tort law largely operated with such Romanist causes of action.120 Like the common law of torts, therefore, pre-BGB German tort law “refused to grant any claim outside the specific bases which were explicitly recognised.”121 Until the drafting of the BGB, “scholars never really considered unifying the list of torts into one general rule,”122 nor did the legal system.123 As with many other civil law tort codes, the intellectual pre-history and legal drafting of the BGB involved a process of abstracting and generalizing from the particular doctrinal details of the received Romanist causes of action,124 in order to arrive at general legal principles about fault, unjustifiability, rights, and remedial liability such as BGB section 823(1).
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