The Liability of Public Authorities in Comparative Perspective PDF Download
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Author: Ken Oliphant
Publisher:
ISBN: 9781780682389
Category : Administrative responsibility
Languages : en
Pages : 0
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Book Description
This study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
Author: Ken Oliphant
Publisher:
ISBN: 9781780682389
Category : Administrative responsibility
Languages : en
Pages : 0
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Book Description
This study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
Author: Duncan Fairgrieve
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 624
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Book Description
This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
Author: Giacinto Della Cananea
Publisher:
ISBN: 0198867557
Category : Law
Languages : en
Pages : 401
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Book Description
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Author: Cherie Booth
Publisher: Oxford University Press, USA
ISBN: 9780199265411
Category : Administrative responsibility
Languages : en
Pages : 0
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Book Description
This is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law.
Author: Jean-Sébastien Borghetti
Publisher: Bloomsbury Publishing
ISBN: 150992728X
Category : Law
Languages : en
Pages : 576
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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.
Author: G & BOUGHEY WEEKS (J & ROCK, E.)
Publisher:
ISBN: 9780409348651
Category : Administrative law
Languages : en
Pages : 557
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Book Description
Author: Stephan W. Schill
Publisher: Oxford University Press
ISBN: 0199589100
Category : Law
Languages : en
Pages : 922
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Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: Dobrochna Bach-Golecka
Publisher: Springer Nature
ISBN: 3030670007
Category : Law
Languages : en
Pages : 458
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Book Description
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Author: C. C. van Dam
Publisher: Oxford University Press, USA
ISBN: 0199672261
Category : Law
Languages : en
Pages : 654
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Book Description
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
Author: Ewa Bagińska
Publisher: Springer
ISBN: 3319189506
Category : Law
Languages : en
Pages : 488
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Book Description
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
