Alternative Compensation Schemes from a Comparative Perspective PDF Download

Author: Daniel Jutras
Publisher:
ISBN:
Category :
Languages : en
Pages : 22

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Book Description
The author conducts a brief comparative overview of alternative schemes of compensation that have emerged over the past century. This chapter specifically addresses regimes that now provide direct compensation to victims of defined tortious hazards independently of any attribution of responsibility to the author of the injury. The analysis reveals three main recurring themes that have driven the emergence of these alternative schemes of compensation. First, alternative compensation regimes are almost by definition legislative solutions to problems encountered within domestic tort law. Second, while currently focused on monetary indemnitites, alternative compensation regimes may also address systemic harm and mass torts through non-monetary remedies. Finally, renewed attention to regulatory frameworks may tilt the balance away from ex post compensation in favour of ex ante intervention.

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: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1784718130
Category : Law
Languages : en
Pages : 518

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Book Description
Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l

Author: T. Vansweevelt
Publisher:
ISBN: 9781839700132
Category : Comparative law
Languages : en
Pages : 219

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Book Description
Compensation funds are used in vastly different ways across jurisdictions and legal traditions. They are an alternative to traditional tort, insurance and social security structures, and change or eliminate ordinary liability rules for certain classes of victims. Compensation funds have been established to solve liability problems in the domains of traffic accidents, financial deposits, crime victim redress, industrial and environmental damage, natural disasters and healthcare damage. They are popular with lawmakers, but their undefined nature (and sometimes incoherent status) raises important legal questions that have not yet been fully answered. The way that compensation funds have developed in different jurisdictions has not always been consistent with the rest of the legal system within that jurisdiction. The contributions in this book consider the way in which these funds have been used in Belgium, France, Germany, the Netherlands, New Zealand, Spain and the United Kingdom. Focusing on their functions, purpose, funding and quantum of compensation, new conclusions are drawn on the objectives of compensation funds and how they differ from insurance and social security. Compensation Funds in Comparative Perspective is useful for all comparative law, liability law and insurance law scholars and practitioners seeking to understand contemporary issues in the operation of compensation funds and introduces novel ideas for future development. With contributions by Michael Faure (Maastricht University, the Netherlands), Rosa M. Garcia-Teruel (Rovira i Virgili University, Catalonia, Spain), Ton Hartlief (Maastricht University, the Netherlands), Jonas Knetsch (Jean-Monnet University Saint-Étienne, France), Ken Oliphant (University of Bristol, United Kingdom), Larissa Vanhooff (University of Antwerp, Belgium), Gerrit van Maanen (Maastricht University, the Netherlands), Thierry Vansweevelt (University of Antwerp, Belgium), Kim Watts (University of Antwerp, Belgium) and Britt Weyts (University of Antwerp, Belgium). THIERRY VANSWEEVELT is a professor and former Dean of the Faculty of Law, University of Antwerp. He works in the fields of liability law, insurance and health law and for this has been awarded the Fernand Collin Prize and the Antwerp University Research Council Prize. He is an advocate at the specialist healthcare law practice Dewallens & partners and has been appointed as member of the Royal Academy for Medicine of Belgium and as member of the board of governors of the World Association of Medical Law. BRITT WEYTS is a professor of law at the University of Antwerp. Her work focuses on the law of obligations and insurance law and has won the Fernand Collin Prize. She is the spokesperson of the research group on Personal Rights and Property Rights also works as an advocate at Verbist & Vanlerberghe Omega Law.

Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584

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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.

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.

Author: Ignacio N. Cofone
Publisher: Routledge
ISBN: 100021415X
Category : Law
Languages : en
Pages : 130

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Book Description
Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.

Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1316863700
Category : Law
Languages : en
Pages : 531

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Book Description
Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

Author: Sonia Macleod
Publisher: Bloomsbury Publishing
ISBN: 1509916636
Category : Law
Languages : en
Pages : 731

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Book Description
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

Author: Uglješa Zvekić
Publisher: Cengage Learning
ISBN:
Category : Education
Languages : en
Pages : 480

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Book Description
This publication consists of two volumes. V.1 presents regional and case study reports; volume 2 presents a review of the literature and the International bibliography of alternatives to imprisonment, 1980-1989.