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Unification of Tort Law

Unification of Tort Law Author Ulrich Magnus
ISBN-10 STANFORD:36105060781304
Release 2001-01
Pages 225
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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.

Unification of Tort Law

Unification of Tort Law Author Jaap Spier
ISBN-10 9789041121851
Release 2003
Pages 335
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Covers various European countries, Israel, South Africa, and the United States.

Unification of Tort Law

Unification of Tort Law Author Ulrich Magnus
ISBN-10 9789041122209
Release 2004-01
Pages 300
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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

Unification of tort law

Unification of tort law Author W. V. H. Rogers
ISBN-10 9041123199
Release 2004
Pages 313
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The foundations of tort law differ considerably in the various European legal systems. For a number of years a group of tort law experts, The European Group on Tort Law, has been engaged in a systematic examination of the fundamental questions of tort law with a view to formulating principles which will contribute to a common law of Europe. Although the work has been centred on Europe, it has been informed by contributors from a number of overseas systems. This is the ninth volume in a series setting out the results of the work of the Group: earlier volumes have covered matters such as wrongfulness, causation, contributory negligence and liability for others. In this volume, The authors provide an overview of the law governing multiple tortfeasors (the situation where the victim of a tort contends that more than one person is responsible for an injury suffered by him) seen from the angle of fifteen legal systems. The law has two aspects: The iquest;externaliquest; one relating To The relationship between the victim And The tortfeasors, particularly the question of how far each is liable To The victim For The whole damage; And The iquest;internaliquest; relationship of the tortfeasors, raising issues of recourse inter se. Each country report consists of an account of the theoretical basis of the law in this area, together with an examination of its operation via a variety of factual situations. There is also a comparative report which summarizes the most important elements identified by the country reports and identifies the existing common ground. This volume provides the legal scholar And The practitioner with a wealth of information and insights on a complex and controversial area of law in an accessible form. Principles of European Tort Law Series 9

Unification of Tort Law

Unification of Tort Law Author Dr. Pierre Widmer
ISBN-10 9789041120984
Release 2005
Pages 391
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Covers various European countries, Israel, South Africa, and the United States.

The Borderlines of Tort Law

The Borderlines of Tort Law Author Miquel Martin-Casals
ISBN-10 1780682484
Release 2015
Pages 500
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All European legal systems recognize a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid, or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact, the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability, and whether defenses and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. The book also analyzes to what extent actions in tort and in contract exclude each other, and, when this is the case, how their concurrence is organized. Lastly, it devotes attention to specific situations, such as pre-contractual liability and the liability of professionals. (Series: Principles of European Tort Law - Vol. 2) [Subject: European Law, Tort Law, Contract Law]

Introduction to Belgian Law

Introduction to Belgian Law Author Hubert Bocken
ISBN-10 9789041114563
Release 2001
Pages 464
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Introduction to the Laws.....Series Volume 3 This introduction identifies the basic legal sources, institutions and concepts, it offers a systematic and critical description of the principal branches of the law and it provides the necessary historical background. Each of the 16 chapters is concluded with a selected bibliography. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, researchers, and students interested in a reliable overview of Belgian law and institution.

Reforming the French Law of Obligations

Reforming the French Law of Obligations Author John Cartwright
ISBN-10 9781847315021
Release 2009-04-17
Pages 950
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The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

The Europeanisation of English Tort Law

The Europeanisation of English Tort Law Author Paula Giliker
ISBN-10 9781782253792
Release 2014-12-01
Pages 262
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Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Research Handbook on EU Tort Law

Research Handbook on EU Tort Law Author Paula Giliker
ISBN-10 9781785365720
Release 2017-10-27
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The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

A Company s Right to Damages for Non Pecuniary Loss

A Company s Right to Damages for Non Pecuniary Loss Author Vanessa Wilcox
ISBN-10 9781316668528
Release 2016-09-01
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Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Towards a European Civil Code

Towards a European Civil Code Author E. H. Hondius
ISBN-10 9789041122803
Release 2004-01-01
Pages 847
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Since its original publication ten years ago, Towards a European Civil Code has become an international classic. It is both a preeminent reference in the debate on the future of European private law, and a standard text in legal education in many European universities. This third, fully revised and expanded edition includes new contributions on such important matters as the following: constitutionalisation; social concerns; economic analysis; arguments against a European civil code; e-commerce; and sales, service and insurance contracts. All forty four chapters have been brought fully up to date with European and national developments, making Towards a European Civil Code the cornerstone in any endeavour involving issues in European private law.

Fatal Accidents Claims and Secondary Victims

Fatal Accidents Claims and Secondary Victims Author Marco Bona
ISBN-10 1858113407
Release 2005-01-01
Pages 637
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An essential reference work for practicing lawyers, judges, academics, insurers, institutions, and practitioners involved in the field of personal injury, this text provides a unique country-by-country guide to compensation in relation to fatal accident cases and claims involving secondary victims. (Legal Reference)

Pure Economic Loss in Europe

Pure Economic Loss in Europe Author Mauro Bussani
ISBN-10 113943862X
Release 2003-07-31
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Pure economic loss is one of the most discussed and controversial legal issues in Europe today, raising complex questions which affect the law of tort and contract. How far can tort liability expand without imposing excessive burdens upon individual activity? Should the recovery of pure economic loss be the domain principally of the law of contract? And is there a common core of principles, policies and rules governing tortious liability for pure economic loss in Europe? Originally published in 2003, this is a comprehensive study of the subject, using a fact-based comparative method and in-depth research into the laws of thirteen European countries. Following a historical and analytical introduction to economic loss, experts from most European countries consider how their national systems would deal with the same practical problem, highlighting similarities and differences in a range of comprehensive issues. This is the third publication of the Common Core of European Private Law.

Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe Author Katharina Boele-Woelki
ISBN-10 9789050952873
Release 2003
Pages 573
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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Comparative Law in Eastern and Central Europe

Comparative Law in Eastern and Central Europe Author Bronisław Sitek
ISBN-10 9781443864664
Release 2014-07-24
Pages 404
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Comparative law is a research methodology which has been increasingly fashionable in recent decades, as comparisons between common law and civil law have dominated the law studies landscape. There are many methods of comparative law in use, including comparison of legal rules, comparison of cases, and comparison of legal theories. Each of these methods has strong proponents and opponents. Dogmatic comparisons of rules are criticized for not giving the whole picture of law in action, but praised for being the first and the only truly legal step in comparative research. Case-based comparisons are praised for enabling us to compare the true understanding of rules by courts, yet the critics of this method point out that only the higher courts’ decisions are subject to comparison, and most cases do not reach this stage. Finally, comparisons of legal theories are praised for enabling us to know the spirit of the laws, yet opponents would argue that many countries sharing the same theory would draw opposite conclusions from it. This book is a result of the attempted (and successful) introduction of comparative law into the region of Eastern and Central Europe. The subject has induced interest beyond expectations. This volume opens with a chapter on the unification of law, both from the perspective of institutional unification by such supra-state organizations, spontaneous and institutionalized unifications between two or more legal systems, and the methods of choosing the right rules in the unification process. Chapters two and three follow the classical division of private and public law, as proposed by the brilliant Roman lawyer Ulpian. Overall, the chapters in this book offer an interesting and engaging commentary on the current topics discussed by academics in Eastern and Central Europe.

Concise Chinese Tort Laws

Concise Chinese Tort Laws Author Xiang Li
ISBN-10 9783642410246
Release 2014-07-08
Pages 327
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The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.