Author: Ken Oliphant Publisher: ISBN: 9781780682389 Category : Administrative responsibility Languages : en Pages : 0
Book Description
This study explores the understanding of the law of extra-contractual liability as it applies to public authorities in the legal systems of Europe (and selected non-European jurisdictions).
Author: Duncan Fairgrieve Publisher: British Institute for International & Comparative Law ISBN: Category : Law Languages : en Pages : 624
Book Description
This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.
Author: Giacinto della Cananea Publisher: Oxford University Press, USA ISBN: 0198867557 Category : Law Languages : en Pages : 401
Book Description
Administrative law permeates all areas of law, and this series focuses on its role both regionally and globally. This volume considers tort liabilities in European public authorities. It looks at several European countries, using case studies to compare administrative laws across the EU.
Author: Paula Giliker Publisher: Cambridge University Press ISBN: 1139493078 Category : Law Languages : en Pages : 331
Book Description
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Author: Cherie Booth Publisher: Oxford University Press, USA ISBN: 9780199265411 Category : Administrative responsibility Languages : en Pages : 0
Book Description
This is a thorough account of the law on the negligence liability of public authorities, providing practical guidance as well as a clear analysis of this developing area of law.
Author: Jean-Sébastien Borghetti Publisher: Bloomsbury Publishing ISBN: 150992728X Category : Law Languages : en Pages : 576
Book Description
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Author: James Gordley Publisher: Cambridge University Press ISBN: 1108835848 Category : Law Languages : en Pages : 735
Book Description
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author: Ewa Bagińska Publisher: Springer ISBN: 3319189506 Category : Law Languages : en Pages : 488
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: 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.
Author: Ken Oliphant
Author: Duncan Fairgrieve
Author: Giacinto della Cananea
Author: Paula Giliker
Author: Cherie Booth
Author: Jean-Sébastien Borghetti
Author: Barnali Choudhury
Author: James Gordley
Author: Ewa Bagińska
Author: C. C. van Dam