Tort Law In France

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Tort Law in France

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 54,6 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.

French Civil Liability in Comparative Perspective

Author : Jean-Sébastien Borghetti,Simon Whittaker
Publisher : Bloomsbury Publishing
Page : 544 pages
File Size : 50,5 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509927296

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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.

European Tort Law

Author : Cees van Dam
Publisher : Oxford University Press
Page : 654 pages
File Size : 41,5 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199672264

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European Tort Law by Cees van Dam Pdf

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.

Tort Law

Author : Tjong Tjin Tai, Eric
Publisher : Edward Elgar Publishing
Page : 225 pages
File Size : 53,6 Mb
Release : 2022-09-06
Category : Law
ISBN : 9781803924366

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Tort Law by Tjong Tjin Tai, Eric Pdf

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook.

Introduction to French Law

Author : E. Picard,G. Bermann
Publisher : Kluwer Law International B.V.
Page : 527 pages
File Size : 42,6 Mb
Release : 2008-03-18
Category : Law
ISBN : 9789041142047

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Introduction to French Law by E. Picard,G. Bermann Pdf

Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law

Sports Law in France

Author : Jean-Michel Marmayou
Publisher : Kluwer Law International B.V.
Page : 371 pages
File Size : 49,9 Mb
Release : 2019-04-16
Category : Law
ISBN : 9789403512020

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Sports Law in France by Jean-Michel Marmayou Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in France deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self-regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Introduction to French Law

Author : Brice Dickson
Publisher : Pitman Publishing
Page : 300 pages
File Size : 45,9 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105060931354

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Introduction to French Law by Brice Dickson Pdf

Aims to provide comprehensive coverage of the French legal system. The text is comparative in its approach to institutions and principles in English and French law and concentrates on the "law in action". The author uses analysis to highlight the differences between the two legal systems.

Common Law and Civil Law Perspectives on Tort Law

Author : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Oxford University Press
Page : 297 pages
File Size : 43,6 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.

French Law

Author : Eva Steiner
Publisher : Oxford University Press
Page : 337 pages
File Size : 49,7 Mb
Release : 2018
Category : Law
ISBN : 9780198790884

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French Law by Eva Steiner Pdf

This book provides an ideal introduction to the French legal system and its internal workings, replete with the latest case law and developments.

Medical Accident Liability and Redress in English and French Law

Author : Simon Taylor
Publisher : Cambridge University Press
Page : 197 pages
File Size : 54,8 Mb
Release : 2015-06-11
Category : Law
ISBN : 9781107102804

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Medical Accident Liability and Redress in English and French Law by Simon Taylor Pdf

Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.

European Legal Development

Author : John Bell,David Ibbetson
Publisher : Cambridge University Press
Page : 227 pages
File Size : 44,9 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475625

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European Legal Development by John Bell,David Ibbetson Pdf

Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.

Common Law and Civil Law Perspectives on Tort Law

Author : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Unknown
Page : 128 pages
File Size : 53,5 Mb
Release : 2022
Category : Torts
ISBN : 0199365970

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

"The book provides scholars, lawyers and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany and Italy. The book analyzes a number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within each of these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical and products liability regimes. As such, the book provides an updated and enriched framework for understanding the rules, theories, styles of reasoning, and cultures of tort law across the Atlantic"--

Tort Law in Quebec

Author : Jean-Louis Baudouin
Publisher : Kluwer Law International B.V.
Page : 108 pages
File Size : 55,5 Mb
Release : 2018-12-14
Category : Law
ISBN : 9789403508429

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Tort Law in Quebec by Jean-Louis Baudouin 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 Quebec. 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 Quebec. 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 Law in the Jurisprudence of the European Court of Human Rights

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 48,6 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.

Principles of European Tort Law

Author : European Group on Tort Law
Publisher : Springer
Page : 282 pages
File Size : 45,8 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.