French Civil Liability In Comparative Perspective

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French Civil Liability in Comparative Perspective

Jean-Sébastien Borghetti,Simon Whittaker
French Civil Liability in Comparative Perspective Book PDF

Author : Jean-Sébastien Borghetti,Simon Whittaker
Publisher : Bloomsbury Publishing
Page : 548 pages
File Size : 50,9 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509927289

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French Civil Liability in Comparative Perspective by Jean-Sébastien Borghetti,Simon Whittaker Pdf

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.

Comparative Tort Law

Mauro Bussani,Anthony J. Sebok
Comparative Tort Law Book PDF

Author : Mauro Bussani,Anthony J. Sebok
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 50,6 Mb
Release : 2015-08-28
Category : LAW
ISBN : 9781784718138

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Comparative Tort Law by Mauro Bussani,Anthony J. Sebok Pdf

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l

Tort Law in France

Jonas Knetsch
Tort Law in France Book PDF

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 44,5 Mb
Release : 2021-08-20
Category : Law
ISBN : 9789403535753

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Tort Law in France by Jonas Knetsch Pdf

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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.

Tort Liability of Public Authorities in Comparative Perspective

Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell
Tort Liability of Public Authorities in Comparative Perspective Book PDF

Author : Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell
Publisher : British Institute for International & Comparative Law
Page : 624 pages
File Size : 55,5 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063217546

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Tort Liability of Public Authorities in Comparative Perspective by Duncan Fairgrieve,Mads Tønnesson Andenæs,John Bell Pdf

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.

Justifying Strict Liability

Marco Cappelletti
Justifying Strict Liability Book PDF

Author : Marco Cappelletti
Publisher : Oxford University Press
Page : 385 pages
File Size : 53,9 Mb
Release : 2022-06-23
Category : Electronic
ISBN : 9780192859860

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Justifying Strict Liability by Marco Cappelletti Pdf

The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.

Common Law and Civil Law Perspectives on Tort Law

Mauro Bussani,Anthony James Sebok,Marta Infantino
Common Law and Civil Law Perspectives on Tort Law Book PDF

Author : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Oxford University Press
Page : 297 pages
File Size : 40,9 Mb
Release : 2022
Category : Law
ISBN : 9780195368383

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Common Law and Civil Law Perspectives on Tort Law by Mauro Bussani,Anthony James Sebok,Marta Infantino Pdf

The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.

Vicarious Liability in Tort

Paula Giliker
Vicarious Liability in Tort Book PDF

Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 40,9 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139493079

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Vicarious Liability in Tort by Paula Giliker Pdf

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.

Product Liability in Comparative Perspective

Duncan Fairgrieve
Product Liability in Comparative Perspective Book PDF

Author : Duncan Fairgrieve
Publisher : Cambridge University Press
Page : 392 pages
File Size : 51,9 Mb
Release : 2005-10-27
Category : Law
ISBN : 113944803X

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Product Liability in Comparative Perspective by Duncan Fairgrieve Pdf

This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

The French Contract Law Reform

Sophie Stijns,Sanne Jansen
The French Contract Law Reform Book PDF

Author : Sophie Stijns,Sanne Jansen
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2016
Category : Contracts
ISBN : 1780684193

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The French Contract Law Reform by Sophie Stijns,Sanne Jansen Pdf

This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

Zentaro Kitagawa,Karl Riesenhuber
The Identity of German and Japanese Civil Law in Comparative Perspectives Die Identit t des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung Book PDF

Author : Zentaro Kitagawa,Karl Riesenhuber
Publisher : Walter de Gruyter
Page : 293 pages
File Size : 55,6 Mb
Release : 2011-12-22
Category : Law
ISBN : 9783110919158

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The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung by Zentaro Kitagawa,Karl Riesenhuber Pdf

Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

The Liability of Public Authorities in Comparative Perspective

Intersentia,Ken Oliphant
The Liability of Public Authorities in Comparative Perspective Book PDF

Author : Intersentia,Ken Oliphant
Publisher : Principles of European Tort Law
Page : 0 pages
File Size : 45,7 Mb
Release : 2016-09-30
Category : Electronic
ISBN : 1780682417

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The Liability of Public Authorities in Comparative Perspective by Intersentia,Ken Oliphant Pdf

The Inter-American and European Human Rights Journal offers an international platform for research in the field of human rights of relevance for (Latin) America and Europe.

The Judicial Process in Comparative Perspective

Mauro Cappelletti
The Judicial Process in Comparative Perspective Book PDF

Author : Mauro Cappelletti
Publisher : Oxford University Press, USA
Page : 464 pages
File Size : 52,8 Mb
Release : 1989
Category : Business & Economics
ISBN : UOM:39015014562006

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The Judicial Process in Comparative Perspective by Mauro Cappelletti Pdf

This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

The New French Law of Contract

Solène Rowan
The New French Law of Contract Book PDF

Author : Solène Rowan
Publisher : Oxford University Press
Page : 337 pages
File Size : 44,5 Mb
Release : 2022-08-01
Category : Law
ISBN : 9780192538970

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The New French Law of Contract by Solène Rowan Pdf

After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

Rights of Personality in Scots Law

Niall Whitty
Rights of Personality in Scots Law Book PDF

Author : Niall Whitty
Publisher : Edinburgh University Press
Page : 300 pages
File Size : 43,6 Mb
Release : 2014-02-08
Category : Law
ISBN : 9780748699544

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Rights of Personality in Scots Law by Niall Whitty Pdf

Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.

Financial Regulation and Civil Liability in European Law

Olha O. Cherednychenko,Mads Andenas
Financial Regulation and Civil Liability in European Law Book PDF

Author : Olha O. Cherednychenko,Mads Andenas
Publisher : Edward Elgar Publishing
Page : 327 pages
File Size : 48,7 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781789908114

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Financial Regulation and Civil Liability in European Law by Olha O. Cherednychenko,Mads Andenas Pdf

This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.