Tort Law In The European Union

Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 43,9 Mb
Release : 2018-06-14
Category : Law
ISBN : 9789403500713

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Tort Law in the European Union by Gert Brüggemeier 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 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 : Paula Giliker
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 43,9 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785365720

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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 : Cees van Dam
Publisher : Oxford University Press
Page : 654 pages
File Size : 44,6 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.

Author : Giacinto della Cananea,Roberto Caranta
Publisher : Oxford University Press
Page : 384 pages
File Size : 47,5 Mb
Release : 2020-12-15
Category : Law
ISBN : 9780192637604

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Tort Liability of Public Authorities in European Laws by Giacinto della Cananea,Roberto Caranta Pdf

This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.

Author : Helmut Koziol,Reiner Schulze
Publisher : Springer
Page : 0 pages
File Size : 44,8 Mb
Release : 2012-04-14
Category : Law
ISBN : 321199923X

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Tort Law of the European Community by Helmut Koziol,Reiner Schulze Pdf

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.

Author : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 262 pages
File Size : 55,5 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253792

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The Europeanisation of English Tort Law by Paula Giliker Pdf

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Author : Christian von Bar
Publisher : Unknown
Page : 661 pages
File Size : 42,8 Mb
Release : 1998
Category : Electronic
ISBN : 3406446094

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The Common European Law of Torts by Christian von Bar Pdf

This text is the first of a two volume treatise on the law of non-contractual obligations. It is the result of an attempt to discover the common elements of the law of torts of all the member states of the European Union.

Author : Ernst Karner,Barbara C. Steininger
Publisher : Walter de Gruyter GmbH & Co KG
Page : 830 pages
File Size : 45,7 Mb
Release : 2023-12-18
Category : Law
ISBN : 9783111241241

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2022 by Ernst Karner,Barbara C. Steininger Pdf

Author : Joseph M. Lookofsky,Ketilbjørn Hertz
Publisher : Unknown
Page : 222 pages
File Size : 46,7 Mb
Release : 2009
Category : Aftaleret
ISBN : STANFORD:36105134493365

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EU-PIL by Joseph M. Lookofsky,Ketilbjørn Hertz Pdf

Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 50,6 Mb
Release : 2016-09-15
Category : Law
ISBN : 9789041168412

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European Intermediary Liability in Copyright: A Tort-Based Analysis by Christina Angelopoulos Pdf

In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

Author : Mauro Bussani
Publisher : Unknown
Page : 410 pages
File Size : 45,6 Mb
Release : 2007
Category : Conflict of laws
ISBN : STANFORD:36105063838085

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European Tort Law by Mauro Bussani Pdf

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 : Zvonimir Slakoper,Ivan Tot
Publisher : Routledge
Page : 266 pages
File Size : 52,6 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000431407

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EU Private Law and the CISG by Zvonimir Slakoper,Ivan Tot Pdf

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Author : Reiner Schulze
Publisher : Walter de Gruyter
Page : 259 pages
File Size : 54,9 Mb
Release : 2011-08-29
Category : Law
ISBN : 9783866539341

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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.

Author : Rónán Condon
Publisher : Cambridge University Press
Page : 241 pages
File Size : 41,6 Mb
Release : 2022-07-28
Category : Law
ISBN : 9781009063234

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Network Responsibility by Rónán Condon Pdf

The contemporary landscape of transnational political economy is dominated by networks. Public and private networks, and networks that combine public and private actors, cross borders, exert regulatory power and their activities often harm third parties. However, tort law as a traditional source of remediation for third party harms appears impotent when faced with the problem of regulating the 'society of networks'. This book, using a systems theory framework, retraces the emergence of tort law in modernity and highlights how two models of normative ascription - personal responsibility and organizational liability - have come to shape existing tort law's ambivalence towards network phenomena. This book breaks new ground by leaving behind the national law 'frame of reference', drawing on the conceptual promise of EU law to develop a concept of 'network responsibility' for a network society and lays the foundations of a tort law for the 21st century.

Author : Christian von Bar
Publisher : Unknown
Page : 1268 pages
File Size : 47,7 Mb
Release : 2000-12-14
Category : Law
ISBN : 0198298390

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The Common European Law of Torts by Christian von Bar Pdf

This pioneering work on tort law in all the jurisdictions of the European Union is now complete. This is the first book ever to cover a whole section of private law in a pan-European perspective, relying not on a country-by-country approach but rather developing an integrated system based predominantly on court practice.