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European Tort Law 2005 by Helmut Koziol,Barbara C. Steininger Pdf
This book provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on the developments in most EU Member States as well as Norway and Switzerland. The reports are written by scholars from the respective jurisdictions. Focusing on the year 2005, the authors critically report on important court decisions, present new legislation, and provide a literature overview.
European Tort Law 2005 by Helmut Koziol,Barbara C. Steininger Pdf
This book provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on the developments in most EU Member States as well as Norway and Switzerland. The reports are written by scholars from the respective jurisdictions. Focusing on the year 2005, the authors critically report on important court decisions, present new legislation, and provide a literature overview.
Principles of European Tort Law by European Group on Tort Law Pdf
The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
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.
Research Handbook on EU Tort Law by Paula Giliker Pdf
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 : Ernst Karner,Barbara C. Steininger Publisher : Walter de Gruyter GmbH & Co KG Page : 830 pages File Size : 47,5 Mb Release : 2023-12-18 Category : Law ISBN : 9783111241241
Essential Cases on Damage by Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann Pdf
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.
Ken Oliphant,Institut für Europäisches Schadenersatzrecht (Österreichische Akademie der Wissenschaften)
Author : Ken Oliphant,Institut für Europäisches Schadenersatzrecht (Österreichische Akademie der Wissenschaften) Publisher : Sramek Verlag Kg Page : 330 pages File Size : 43,5 Mb Release : 2011 Category : Insurance law ISBN : 3902638508
Tort Law in the Jurisprudence of the European Court of Human Rights by Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner Pdf
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.
Compensation of Private Losses by Reiner Schulze Pdf
Tort law is one of the core areas of European private law, in particular in the field of business law. However, it often receives less attention than the well-known and widely published developments in the field of European contract law. In order to direct more attention to this important subject, an intensive Round Table discussion on the subject of the evolution of torts in European business law was held. The contributions to this volume reflect the results of the research undertaken by renowned European scholars and practitioners on central aspects such as competition law, company law and intellectual property. Each contribution particularly focuses upon the overarching tendencies and principles within the individual aspect of tort law, thereby directing attention to the future at European level of this essential area of private law. Readership: Lawyers, academics, legal departments, judges, legal professionals concerned with torts in European business law.
In every society Tort Law plays a crucial role in the actual life of the legal system and of the people using it. Whenever relationships between individuals do not converge towards a contract nor are absorbed by property law, then comes the time for tort law rules to provide justice. The goal of comparative research in the law of torts is to clarify diversities and similarities amidst the operative rules of the various legal systems. The need is to go beyond statutory formulas, since in the field of torts, even more than in other areas, the "law" is made by judicial decisions, by the beliefs that underpin these decisions, by insurance practices which affect the allocation of the costs ensuing risks and damages. This comparative analysis calls for an effort which is more and more urgent to the management of private conflicts in a "globalized" world. But this is especially true in Europe, at the dawn of a new era characterized by the enlargement/enrichment of the EU. The issues arising from the infliction of "pure economic" losses, thereby affecting nothing else than the patrimonial sphere of the victim, is in this perspective a very useful case-study to test solutions given to problems, which not only straddle the opaque frontier between contract and tort, but also involve the day-to-day life of your average person, whether s/he be an investor or not, whether s/he be Eastern or Western European. The volume orginates from an international conference that took place in April, 2004 in Trieste, Italy. It is published in co-operation with Stämpfli (Berne), Bruylant (Brussels) and Ant. N. Sakkoulas Publishers (Athens)
Author : Israel Gilead,Michael D. Green,Bernhard A. Koch Publisher : Walter de Gruyter Page : 396 pages File Size : 51,7 Mb Release : 2013-10-14 Category : Law ISBN : 9783110282580
Proportional Liability: Analytical and Comparative Perspectives by Israel Gilead,Michael D. Green,Bernhard A. Koch Pdf
Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
