Essential Cases on the Limits of Liability PDF Download

Author: Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111001520
Category :
Languages : en
Pages : 999

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Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1107080487
Category : Law
Languages : en
Pages : 557

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First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.

Author:
Publisher: Roma TrE-Press
ISBN:
Category : Law
Languages : en
Pages : 149

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Book Description
“Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.

Author: Vernon V. Palmer
Publisher: Cambridge University Press
ISBN: 1107098629
Category : Law
Languages : en
Pages : 535

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A pioneering work capturing the recent rise of moral damages in modern European contract law.

Author: Simon Deakin
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110489961
Category : Law
Languages : en
Pages : 1072

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In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Author: A. Daniel Oliver-Lalana
Publisher: Springer
ISBN: 3030120686
Category : Law
Languages : en
Pages : 344

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This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Author: Eduardo Demetrio Crespo
Publisher: Springer Nature
ISBN: 3031134133
Category : Law
Languages : en
Pages : 325

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The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.

Author: Pablo Antonio Fernández-Sánchez
Publisher: BRILL
ISBN: 9004468862
Category : Law
Languages : en
Pages : 437

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Book Description
The new means and methods of warfare challenge the law of armed conflict. For this reason, a deep legal and operational study was required to detect the existing gaps and deregulation.

Author: Gregorio Garro De la Colina
Publisher: Lulu.com
ISBN: 1105376249
Category : Law
Languages : es
Pages : 594

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Book Description
Una obra que articula la responsabilidad legal y la naturaleza del ejercicio medico.

Author: Benedict Winiger
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 311053567X
Category : Law
Languages : en
Pages : 1316

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Book Description
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. 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 modern model rules.