Author: Helmut Koziol
Publisher: Sramek Verlag Kg
ISBN: 9783902638854
Category : Damages
Languages : en
Pages : 0
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.
Basic Questions of Tort Law from a Germanic Perspective
Author: Helmut Koziol
Publisher: Sramek Verlag Kg
ISBN: 9783902638854
Category : Damages
Languages : en
Pages : 0
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.
Publisher: Sramek Verlag Kg
ISBN: 9783902638854
Category : Damages
Languages : en
Pages : 0
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.
Basic Questions of Tort Law from a Comparative Perspective
Author: Helmut Koziol
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 867
Book Description
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 867
Book Description
Basic Questions of Tort Law from a Comparative Perspective
Tort Law in Portugal
Author: Nuno Manuel Pinto Oliveira
Publisher: Kluwer Law International B.V.
ISBN: 9403523301
Category : Law
Languages : en
Pages : 260
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Publisher: Kluwer Law International B.V.
ISBN: 9403523301
Category : Law
Languages : en
Pages : 260
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
European Tort Law
Author: C. C. van Dam
Publisher: Oxford University Press, USA
ISBN: 0199672261
Category : Law
Languages : en
Pages : 654
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.
Publisher: Oxford University Press, USA
ISBN: 0199672261
Category : Law
Languages : en
Pages : 654
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.
Causation in European Tort Law
Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 1108418368
Category : Law
Languages : en
Pages : 785
Book Description
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Publisher: Cambridge University Press
ISBN: 1108418368
Category : Law
Languages : en
Pages : 785
Book Description
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Markesinis's German Law of Torts
Author: Basil S Markesinis
Publisher: Bloomsbury Publishing
ISBN: 1509933204
Category : Law
Languages : en
Pages : 927
Book Description
Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.
Publisher: Bloomsbury Publishing
ISBN: 1509933204
Category : Law
Languages : en
Pages : 927
Book Description
Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.
Comparative Tort Law
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
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.
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
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.
Apportionment in Private Law
Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509917519
Category : Law
Languages : en
Pages : 387
Book Description
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Publisher: Bloomsbury Publishing
ISBN: 1509917519
Category : Law
Languages : en
Pages : 387
Book Description
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Global Securities Litigation and Enforcement
Author: Pierre-Henri Conac
Publisher: Cambridge University Press
ISBN: 1108577423
Category : Law
Languages : en
Pages : 1363
Book Description
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
Publisher: Cambridge University Press
ISBN: 1108577423
Category : Law
Languages : en
Pages : 1363
Book Description
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.