Tort Law In Belgium

Author : Marc Kruithof
Publisher : Kluwer Law International B.V.
Page : 174 pages
File Size : 53,5 Mb
Release : 2018-05-09
Category : Law
ISBN : 9789403500645

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Tort Law in Belgium by Marc Kruithof 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 Belgium. 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 Belgium. 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 : 42,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041120984

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Unification of Tort Law by W. H. van Boom Pdf

Covers various European countries, Israel, South Africa, and the United States.

Author : J. Herbots
Publisher : Springer
Page : 300 pages
File Size : 43,8 Mb
Release : 1995-01-02
Category : Law
ISBN : STANFORD:36105062079723

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Herbot's Contract Law in Belgium by J. Herbots Pdf

Author : Marc Kruithof,Walter De Bondt
Publisher : Kluwer Law International B.V.
Page : 496 pages
File Size : 44,7 Mb
Release : 2017-01-15
Category : Law
ISBN : 9789041187284

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Introduction to Belgian Law by Marc Kruithof,Walter De Bondt Pdf

This introduction, now in its second completely revised and upgraded edition, is the ideal overview of Belgian law for foreign lawyers. It identifies the basic legal sources, institutions and concepts of Belgian law. It offers an up to date, state of the art systematic and critical rendition of the principal branches of the law as practised, and it provides the necessary historical background and theoretical framing. The book consists of sixteen chapters, covering all major fields of Belgian law including constitutional and administrative law, procedural law, criminal law, family law and trusts and estates, property, contracts and torts, commercial transactions and company law, labour and social security law, tax law and conflicts of laws, and offering in depth studies of the general features of the Belgian legal system and legal culture. Every contribution is written by a generally recognized expert in this particular field of law. The authors cover the legislation at the different levels, guiding the reader through the multi-layered governance in the complicated federal structure of Belgium within the European Union, and pay ample attention to the reality of legal practice in court cases. Each chapter concludes with a very useful bibliography of works in both official languages (French and Dutch). Where available, basic works in English are listed. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, academic researchers and students interested in a reliable overview of Belgian law and institutions as a starting point for their research or inquiries. Marc Kruithof is a law professor at Ghent University. He holds a PhD in Law, as well as Licentiates in Law and in Economics, from Ghent University, and a Master of Laws from Yale Law School. Walter De Bondt is an emeritus professor at Ghent University and at the Vrije Universiteit Brussel (VUB). He holds a PhD in Law as well as a Licentiate in Law from Ghent University, and a Master of Laws from UC Berkeley.

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 52,9 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110260007

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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.

Author : Christian von Bar,Ulrich Drobnig
Publisher : Walter de Gruyter
Page : 574 pages
File Size : 44,6 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537316

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The Interaction of Contract Law and Tort and Property Law in Europe by Christian von Bar,Ulrich Drobnig Pdf

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 0 pages
File Size : 53,8 Mb
Release : 2011
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 3119165972

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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.

Author : Frédéric Dopagne,Emily Hay
Publisher : Maklu
Page : 172 pages
File Size : 40,5 Mb
Release : 2014-06-02
Category : Law
ISBN : 9789046606865

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Diplomatic Law in Belgium by Frédéric Dopagne,Emily Hay Pdf

Foreword by Mr. Didier Reynders, Deputy Prime Minister and Minister of Foreign Affairs, Foreign Trade and European Affairs. Belgium hosts numerous diplomatic missions. These are either accredited to the Kingdom of Belgium or to one of the international organisations headquartered in Belgium. Their operation, as well as the legal status and privileges and immunities of their members, are essentially regulated by the Vienna Convention on Diplomatic Relations, dated 18 April 1961. This handbook describes Belgium’s practice vis-à-vis these missions, and analyses the day-to-day implementation of the Vienna Convention by the various Belgian authorities. It systematically reviews the limited number of legislative or regulatory provisions, the Government’s practice – set out inter alia in several ‘circular notes’ communicated to the missions present in Belgium – and, additionally, identifies the jurisprudence of courts and tribunals and highlights the possible deviations from the practice of the executive branch. Designed as a guide intended primarily for diplomatic missions established in Belgium, this handbook is also relevant for civil servants, judges, lawyers and bailiffs encountering questions of diplomatic law in Belgium, as well as for students and researchers seeking information on national practice in this area of law.

Author : Francesco Donato Busnelli
Publisher : Springer
Page : 184 pages
File Size : 41,8 Mb
Release : 2000-06-21
Category : Law
ISBN : STANFORD:36105060214314

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Unification of Tort Law:Causation by Francesco Donato Busnelli Pdf

The foundation of tort law in various European legal systems differs considerably. A group of tort lawyers, the "European Group on Tort Law", proposes to address the fundamental questions underlying every tort law system. They aim at identifying these principles, thus searching 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. Discussing the most relevant factors in establishing liability as wrongfulness, causation, damage, fault and the area of strict liability the group is concentrating on the topic "causation" in this book, trying to combine theoretical abstract analysis with the discussion of concrete cases. Firstly, the authors give an overview of causation under their national legal systems, especially by working out its concept and its importance in establishing liability. Secondly, concrete cases are solved. The following comparative conclusions aim at the co-ordination of the results and the supplementation of other important factors.

Author : M. Kruithof,Walter de Bondt
Publisher : Kluwer Law International
Page : 0 pages
File Size : 43,5 Mb
Release : 2017
Category : Law
ISBN : 9041167048

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Introduction to Belgian Law by M. Kruithof,Walter de Bondt Pdf

This introduction, now in its second completely revised and upgraded edition, is the ideal overview of Belgian law for foreign lawyers. It identifies the basic legal sources, institutions and concepts of Belgian law. It offers an up to date, state of the art systematic and critical rendition of the principal branches of the law as practised, and it provides the necessary historical background and theoretical framing. The book consists of sixteen chapters, covering all major fields of Belgian law including constitutional and administrative law, procedural law, criminal law, family law and trusts and estates, property, contracts and torts, commercial transactions and company law, labour and social security law, tax law and conflicts of laws, and offering in depth studies of the general features of the Belgian legal system and legal culture. Every contribution is written by a generally recognized expert in this particular field of law. The authors cover the legislation at the different levels, guiding the reader through the multi-layered governance in the complicated federal structure of Belgium within the European Union, and pay ample attention to the reality of legal practice in court cases. Each chapter concludes with a very useful bibliography of works in both official languages (French and Dutch). Where available, basic works in English are listed. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, academic researchers and students interested in a reliable overview of Belgian law and institutions as a starting point for their research or inquiries. Marc Kruithof is a law professor at Ghent University. He holds a PhD in Law, as well as Licentiates in Law and in Economics, from Ghent University, and a Master of Laws from Yale Law School. Walter De Bondt is an emeritus professor at Ghent University and at the Vrije Universiteit Brussel (VUB). He holds a PhD in Law as well as a Licentiate in Law from Ghent University, and a Master of Laws from UC Berkeley.

Author : Ulrich Magnus
Publisher : Springer
Page : 315 pages
File Size : 47,8 Mb
Release : 2003-05-28
Category : Law
ISBN : 3211837957

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The Impact of Social Security Law on Tort Law by Ulrich Magnus Pdf

This study gives valuable insights into the complex interaction between social security law and private tort law. It is based on reports from eleven European countries, namely Austria, Belgium, England, France, Germany, Greece, Italy, the Netherlands, Switzerland, Spain and Sweden. Leading experts from these jurisdictions provide a concentrated overview of the social security systems in their countries and identify the important differences between social security and tort law compensation in the field of personal injuries. The interrelation between both branches of law is reviewed with respect, e.g., to accidents in the occupational sphere, contributory negligence, recourse actions and bulk agreements between public and private insurance schemes. An extensive comparative report highlights the European perspective and the general interplay between social security law and tort law. The legal perspective is supplemented by an economical analysis of both systems.

Author : J. H. Herbots
Publisher : Unknown
Page : 280 pages
File Size : 40,6 Mb
Release : 1995
Category : Contracts
ISBN : 2802709690

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Contract Law in Belgium by J. H. Herbots Pdf

Author : European Group on Tort Law
Publisher : Springer
Page : 282 pages
File Size : 46,6 Mb
Release : 2009-09-02
Category : Law
ISBN : 3211100105

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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.

Author : Ulrich Magnus,W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 43,5 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122209

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Unification of Tort Law by Ulrich Magnus,W. H. van Boom Pdf

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 : Miquel Martín-Casals
Publisher : Principles of European Tort Law
Page : 0 pages
File Size : 55,7 Mb
Release : 2019
Category : Comparative law
ISBN : 1780682484

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The Borderlines of Tort Law by Miquel Martín-Casals Pdf

This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.