Festschrift für Erwin Deutsch PDF Download

Author: Hans-Jürgen Ahrens
Publisher:
ISBN:
Category : Festschriften
Languages : de
Pages : 1054

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Author: Erwin Deutsch
Publisher: Springer Science & Business Media
ISBN: 3642006116
Category : Law
Languages : de
Pages : 1081

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Hochkarätige Autoren aus den Bereichen Jurisprudenz und Medizin widmen sich den zentralen Fragen des Medizin- und Haftungsrechts. Sie erläutern aktuelle Entwicklungen und Perspektiven des Fachgebiets. Dabei rücken sie die interdisziplinäre Dimension in das Blickfeld und überschreiten damit die überkommenen Grenzen zwischen Zivil-, Straf- und Öffentlichem Recht. Mit ihren Beiträgen ehren sie Erwin Deutsch anlässlich seines 80. Geburtstags. Er ist der in Deutschland und weit darüber hinaus hochgeschätzte Pionier des Medizin- und Haftungsrechts.

Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0191015105
Category : Law
Languages : en
Pages : 577

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This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.

Author: Oliver Rieckers
Publisher: Kluwer Law International B.V.
ISBN: 9403500387
Category : Law
Languages : en
Pages : 217

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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 Germany. 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 in Germany. 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.

Author: Paula Giliker
Publisher: Edward Elgar Publishing
ISBN: 178536572X
Category : Law
Languages : en
Pages : 513

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Book Description
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.

Author: Erwin Deutsch
Publisher: Springer Science & Business Media
ISBN: 3642704492
Category : Law
Languages : en
Pages : 850

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With contributions by numerous experts

Author: George J. Annas Edward R. Utley Professor of Health Law
Publisher: Oxford University Press, USA
ISBN: 9780199772261
Category : History
Languages : en
Pages : 400

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The atrocities committed by Nazi physicians and researchers during World War II prompted the development of the Nuremberg Code to define the ethics of modern medical experimentation utilizing human subjects. Since its enunciation, the Code has been viewed as one of the cornerstones of modern bioethical thought. The sources and ramifications of this important document are thoroughly discussed in this book by a distinguished roster of contemporary professionals from the fields of history, philosophy, medicine, and law. Contributors also include the chief prosecutor of the Nuremberg Military Tribunal and a moving account by a survivor of the Mengele Twin Experiments. The book sheds light on keenly debated issues of both science and jurisprudence, including the ethics of human experimentation; the doctrine of informed consent; and the Code's impact on today's international human rights agenda. The historical setting of the Code's creation, some modern parallels, and the current attitude of German physicians toward the crimes of the Nazi era, are discussed in early chapters. The book progresses to a powerful account of the Doctors' Trial at Nuremberg, its resulting verdict, and the Code's development. The Code's contemporary influence on both American and international law is examined in its historical context and discussed in terms of its universality: are the foundational ethics of the Code as valid today as when it was originally penned? The editors conclude with a chapter on foreseeable future developments and a proposal for an international covenant on human experimentation enforced by an international court. A major work in medical law and ethics, this volume provides stimulating, provocative reading for physicians, legal professionals, bioethicists, historians, biomedical researchers, and concerned laypersons.

Author: Gerhard Höver
Publisher: Königshausen & Neumann
ISBN: 3826044576
Category : Medical personnel and patient
Languages : de
Pages : 324

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Author: Paul Volken
Publisher: Walter de Gruyter
ISBN: 3866537204
Category : Law
Languages : en
Pages : 639

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2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.

Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782255427
Category : Law
Languages : en
Pages : 378

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This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.