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Author: Francesco Donato Busnelli
Publisher: Kluwer Law International B.V.
ISBN: 9041121854
Category : Law
Languages : en
Pages : 354
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Francesco Donato Busnelli
Publisher: Kluwer Law International B.V.
ISBN: 9041121854
Category : Law
Languages : en
Pages : 354
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Book Description
Covers various European countries, Israel, South Africa, and the United States.
Author: Ulrich Magnus
Publisher: Kluwer Law International B.V.
ISBN: 9041122206
Category : Law
Languages : en
Pages : 324
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Book Description
The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo
Author: European Group on Tort Law
Publisher: Springer
ISBN: 9783211100103
Category : Law
Languages : en
Pages : 282
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Book Description
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
Author: Benedict Winiger
Publisher: Walter de Gruyter
ISBN: 3110248492
Category : Law
Languages : en
Pages : 1218
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Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Peter Cane
Publisher:
ISBN: 9780511556630
Category : Accident law
Languages : en
Pages : 514
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Book Description
A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Author:
Publisher:
ISBN: 9781402534706
Category : Damages
Languages : en
Pages : 444
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Book Description
Author: Helmut Koziol
Publisher: Sramek Verlag Kg
ISBN: 9783902638854
Category : Damages
Languages : en
Pages : 0
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Book Description
This book seeks to produce answers to the basic questions of tort law in Europe from a comparative perspective. It is intended to provide a basis for comprehensive responses by representatives of other European legal families and jurisdictions outside Europe on the fundamental ideas in this book. The book gives an extensive introduction to the delictual and contractual law of liability and damages. Above all, the position of the law of tort within the overall system for the protection of legal goods is examined. The focus is on particularly controversial issues and new approaches. Not only is the relationship between breaches of obligations and torts examined, the basic requirements for a claim under tort law"damage and causation"are discussed. An extensive section is devoted to the elements of establishing liability and the question of liability on the side of the victim, (contributory responsibility) is looked at anew. A final section is devoted to the prescription of compensation claims.
Author: Attila Fenyves
Publisher: Walter de Gruyter
ISBN: 311026000X
Category : Law
Languages : en
Pages : 933
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Book Description
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author: Francesco Donato Busnelli
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system--primarily by working out the concept and its importance in establishing liability--and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.
Author: Gerhard Wagner
Publisher: Taylor & Francis
ISBN: 9783211244821
Category : Law
Languages : en
Pages : 376
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Book Description
With contributions by numerous experts
