International Encyclopedia of Comparative Law

International Encyclopedia of Comparative Law PDF Author: Viktor Knapp
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024727872
Category : Comparative law
Languages : en
Pages : 820

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Book Description

International Encyclopedia of Comparative Law

International Encyclopedia of Comparative Law PDF Author: Viktor Knapp
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024727872
Category : Comparative law
Languages : en
Pages : 820

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Book Description


 PDF Author:
Publisher: Editions Bréal
ISBN: 2749525780
Category :
Languages : en
Pages : 241

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Book Description


Recueil Des Cours

Recueil Des Cours PDF Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789028604247
Category : Law
Languages : en
Pages : 464

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French Civil Liability in Comparative Perspective

French Civil Liability in Comparative Perspective PDF Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
ISBN: 1509927298
Category : Law
Languages : en
Pages : 545

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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

International Encyclopedia of Comparative Law PDF Author: René David
Publisher: Brill Archive
ISBN: 9783166446172
Category : Comparative law
Languages : en
Pages : 854

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International Encyclopedia of Comparative Law

International Encyclopedia of Comparative Law PDF Author: Bryant G. Garth
Publisher: BRILL
ISBN:
Category :
Languages : en
Pages : 198

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Delict and Torts

Delict and Torts PDF Author: Pierre Catala
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 252

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Recueil des Cours - Collected Courses

Recueil des Cours - Collected Courses PDF Author: Academie De Droit International De Le Haye
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792307228
Category : Law
Languages : en
Pages : 426

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Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."

Benevolent Intervention in Another's Affairs

Benevolent Intervention in Another's Affairs PDF Author: Christian von Bar
Publisher: Walter de Gruyter
ISBN: 3866537069
Category : Law
Languages : en
Pages : 448

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Book Description
In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.

Justifying Strict Liability

Justifying Strict Liability PDF Author: Marco Cappelletti
Publisher: Oxford University Press
ISBN: 0192676075
Category : Law
Languages : en
Pages : 402

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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.