Author: Boris Starck
Publisher:
ISBN:
Category : Liability (Law)
Languages : fr
Pages : 503
Book Description
Essai d'une théorie générale de la responsabilité civile considérée en sa double fonction de garantie et de peine privée
Author: Boris Starck
Publisher:
ISBN:
Category : Liability (Law)
Languages : fr
Pages : 503
Book Description
Publisher:
ISBN:
Category : Liability (Law)
Languages : fr
Pages : 503
Book Description
Essais d'une theorie generale de la responsabilite civile consideree en sa double fonction de garantie et de peine privee
Author: Boris Starck
Publisher:
ISBN:
Category :
Languages : fr
Pages : 503
Book Description
Publisher:
ISBN:
Category :
Languages : fr
Pages : 503
Book Description
Essai d'une théorie génerale de la responsabilité civile considéré en sa double fonction de garantie et de peine privée
Author: B. Starck
Publisher:
ISBN:
Category :
Languages : fr
Pages : 503
Book Description
Publisher:
ISBN:
Category :
Languages : fr
Pages : 503
Book Description
French Civil Liability in Comparative Perspective
Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
ISBN: 150992728X
Category : Law
Languages : en
Pages : 548
Book Description
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Publisher: Bloomsbury Publishing
ISBN: 150992728X
Category : Law
Languages : en
Pages : 548
Book Description
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
International Encyclopedia of Comparative Law
Author: Viktor Knapp
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024727872
Category : Comparative law
Languages : en
Pages : 820
Book Description
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024727872
Category : Comparative law
Languages : en
Pages : 820
Book Description
Punishment and Private Law
Author: Elise Bant
Publisher: Bloomsbury Publishing
ISBN: 1509939164
Category : Law
Languages : en
Pages : 474
Book Description
Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Publisher: Bloomsbury Publishing
ISBN: 1509939164
Category : Law
Languages : en
Pages : 474
Book Description
Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
Justifying Strict Liability
Author: Marco Cappelletti
Publisher: Oxford University Press
ISBN: 0192676075
Category : Law
Languages : en
Pages : 402
Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Publisher: Oxford University Press
ISBN: 0192676075
Category : Law
Languages : en
Pages : 402
Book Description
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Peacetime Unilateral Remedies: An Analysis of Countermeasures
Author: Elisabeth Zoller
Publisher: BRILL
ISBN: 9004632220
Category : Law
Languages : en
Pages : 214
Book Description
Published under the Transnational Publishers imprint.
Publisher: BRILL
ISBN: 9004632220
Category : Law
Languages : en
Pages : 214
Book Description
Published under the Transnational Publishers imprint.
Comparative Tort Law
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Comparing Tort and Crime
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107080487
Category : Law
Languages : en
Pages : 557
Book Description
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Publisher: Cambridge University Press
ISBN: 1107080487
Category : Law
Languages : en
Pages : 557
Book Description
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.