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Author : Marta Infantino,Eleni Zervogianni
Publisher : Cambridge University Press
Page : 785 pages
File Size : 52,9 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781108418362
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Author : Francesco Donato Busnelli
Publisher : Springer
Page : 256 pages
File Size : 45,5 Mb
Release : 2001-01-17
Category : Law
ISBN : STANFORD:36105060781304
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches for a common law of Europe without the necessity yet to lay these principles down in formal legal texts, such as a European civil code. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system--primarily by working out the concept and its importance in establishing liability--and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.
Author : Bénédict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Springer
Page : 632 pages
File Size : 53,5 Mb
Release : 2010-11-19
Category : Law
ISBN : 3211998888
In order to contribute to a better understanding of natural causation, which is a central concept in civil law, the present book offers a large collection of leading cases from 25 European countries and from the Court of Justice of the European Community. Each case is shortly summarised and commented on. Further, an important number of cases collected are resolved according to the recently published ‘Principles of European Tort Law’.
Author : Benedict Winiger,Ernst Karner,Ken Oliphant
Publisher : Walter de Gruyter GmbH & Co KG
Page : 1308 pages
File Size : 43,8 Mb
Release : 2018-01-22
Category : Law
ISBN : 9783110535679
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.
Author : Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1218 pages
File Size : 43,5 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110248494
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. 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 the modern model rules.
Author : Bernhard Koch
Publisher : Springer
Page : 482 pages
File Size : 50,6 Mb
Release : 2002-03-04
Category : Law
ISBN : STANFORD:36105060997223
The foundations of tort law in European legal systems differ considerably. A group of tort law experts, the "European Group on Tort Law", systematically researches the most fundamental questions underlying the various tort law systems. Their work is contained in this series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code.
Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 42,5 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110260007
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author : Ulrich Magnus,W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 55,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122209
The European Group on Tort Law aims for the formulation of common European principles on tort law. Towards that end they have undertaken a comparative examination of tort law in Europe and elsewhere. This is the eighth volume to result from their researches, concentrating on the issue of "contributory negligence." The legal principles of contributo
Author : Paula Giliker
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 47,5 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785365720
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 : Miquel Martín-Casals,Diego M. Papayannis
Publisher : Unknown
Page : 352 pages
File Size : 40,5 Mb
Release : 2016
Category : Causation
ISBN : 1316427439
Discusses causal uncertainty in tort liability and shows the important normative, epistemological and procedural implications of the various proposed solutions.
Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 54,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121851
Covers various European countries, Israel, South Africa, and the United States.
Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 48,5 Mb
Release : 2018-06-14
Category : Law
ISBN : 9789403500713
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 the European Union. 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 the European Union. 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 : W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 430 pages
File Size : 52,6 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041120984
Covers various European countries, Israel, South Africa, and the United States.
Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 0 pages
File Size : 51,7 Mb
Release : 2011
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 3119165972
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author : Helmut Koziol,Reiner Schulze
Publisher : Springer
Page : 0 pages
File Size : 45,6 Mb
Release : 2012-04-14
Category : Law
ISBN : 321199923X
This publication deals with the European dimension of tort law. It provides a critical analysis of the acquis communautaire, asking if and to what extent the provisions and case law in the field of tort law are based on a conclusive system and are in accord with the national legal systems. It thus evaluates whether the acquis communautaire form the beginning of a comprehensive and coherent EC tort law or if the single directives and regulations are contradictory and lack a general concept that is yet to be found. To gain an overview of ‘EC Tort Law’ certain provisions and decisions were analysed by a group of authors under thirteen elements that form the basis of tort law e.g. fault/strict liability, causation, damage, damages and limitation of actions. An analysis of these aspects was then undertaken by another group of authors each focusing on their respective legal families within the European Union. The publication also contains a section on terminological issues in EC tort law.