Protected Interests under the Principles of European Tort Law (Art 2:102 PETL) – Preserving the Past for Shaping the Future

The paper examines gaps and potential amendments of art 2:102 of the Principles of European Tort Law (PETL) on the scope of protected interests in tort law, also in light of Prof Bénédict Winiger’s teachings on the history of tort law. To this end, the paper starts by highlighting the many strengths of art 2:102 PETL, focusing in particular on its ability to capture continental European identity and its inherent flexibility, making it resistant to time and compatible with multiple interpretations. It then delves into what may be undertaken to further strengthen art 2:102 PETL. Rather than modifying the provision, the paper suggests that what is most needed is further empirical research about the real world of European tort laws and a more transparent discussion about the functions that tort laws do, and could, perform.