Private Law Theory

Sorry seems to be the hardest word, sang Elton John in his 1976 hit song. And indeed, apologizing can be incredibly difficult, even when we know we have done something wrong. It requires us to acknowledge our mistakes, take responsibility for our actions, and show genuine remorse. While apologizing can be difficult for the person who committed the wrong, it can be important for the person who has been wronged to receive apologies. One can imagine that also the victim of a civil wrong may feel the need for an apology from the wrongdoer, but that the latter is unwilling to apologize. One way of addressing this desire for an apology, is to order the wrongdoer to apologize. But does the law provide the victim with a claim for apologies, allowing the court to order the wrongdoer to apologize? On this question, the Belgian Cour de cassation delivered a landmark decision on 26 November 2021 …

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Sébastien De Rey, Apologies as a Private Law Remedy: Emerging on the European Continent, and Beyond?, European Review of Private Law, volume 31, issue 5, pp 1013-1022 (2023).