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Author : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
Page : 354 pages
File Size : 41,8 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121851
Covers various European countries, Israel, South Africa, and the United States.
Author : Francesco Donato Busnelli
Publisher : Springer
Page : 256 pages
File Size : 41,5 Mb
Release : 2001-01-17
Category : Law
ISBN : STANFORD:36105060781304
The foundations of tort law in various European legal systems differ considerably. Until now, there has not been an attempt to harmonise the entire field of tort law in a consistent manner. To rectify this, a group of tort lawyers has proposed to address the fundamental questions underlying every tort law system. The result is this important series of books, which searches 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. Identifying the most relevant factors in establishing liability as wrongfulness, causation, damage, fault, and the area of strict liability, the authors concentrate on the tort liability factor under discussion in each volume, combining theoretical abstract analysis with the discussion of concrete cases. Each author gives an overview of the particular tort liability factor under his or her national legal system--primarily by working out the concept and its importance in establishing liability--and then applies the analysis to actual cases. The subsequent conclusions aim at the coordination of the results and other important factors. In summary, each volume tries to make clear what common ground pertaining to each tort liability factor underlies all the legal systems concerned with respect to the law of tort. Each volume also provides the academic and practitioner with the fundamental issues relating to that factor underlying the law of tort in the countries covered.
Author : Ulrich Magnus,W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 324 pages
File Size : 52,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122209
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 : Francesco Donato Busnelli
Publisher : Kluwer Law International B.V.
Page : 150 pages
File Size : 40,5 Mb
Release : 1998-11-18
Category : Law
ISBN : 9789041110190
Covers various European countries and South Africa.
Author : Anonim
Publisher : Unknown
Page : 444 pages
File Size : 50,5 Mb
Release : 2002
Category : Damages
ISBN : 1402534701
Author : W. V. H. Rogers,W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 53,9 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123190
Covers various European countries, Israel, South Africa, and the United States.
Author : Bernhard Koch
Publisher : Springer
Page : 482 pages
File Size : 51,6 Mb
Release : 2002-03-04
Category : Law
ISBN : STANFORD:36105060997223
The foundations of tort law in European legal systems differ considerably. A group of tort law experts, the "European Group on Tort Law", systematically researches the most fundamental questions underlying the various tort law systems. Their work is contained in this series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code.
Author : W. H. van Boom
Publisher : Kluwer Law International B.V.
Page : 430 pages
File Size : 46,8 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041120984
Covers various European countries, Israel, South Africa, and the United States.
Author : Ulrich Magnus
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 346 pages
File Size : 54,9 Mb
Release : 2000
Category : Law
ISBN : 3631363206
This publication deals with central aspects of European tort law. Most of the contributions are written from a comparative perspective and with a view towards the unification of European tort law. Much debated developments in important areas, e.g. psychological lesion, product liability, the compensation of non-pecuniary loss and problems known under the headings -wrongful birth/wrongful life-, are discussed, taking into account recent court decisions both on the national and European levels. Two contributions dealing with comparative institutional analysis and economic analysis of the law represent modern approaches to the evaluation and future development of tort law in general. This truly European orchestra on tort law is completed by an analysis of Eastern European sources - which shed light onto the dogmatic foundations and the desirability of general presumptions of fault - and the experience of a mixed jurisdiction (South Africa)."
Author : William M. Landes,Richard A. Posner
Publisher : Harvard University Press
Page : 356 pages
File Size : 44,6 Mb
Release : 1987
Category : Business & Economics
ISBN : 0674230515
Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author : Bénédict Winiger,Helmut Koziol,Bernhard A. Koch,Director of the Max Planck Institute for Foreign Private and Private International Law Hamburg Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1176 pages
File Size : 40,5 Mb
Release : 2011
Category : Damages
ISBN : 3112188802
With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."
Author : Marshall S. Shapo
Publisher : West Academic Publishing
Page : 518 pages
File Size : 51,7 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063691591
Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.
Author : Miquel Martín-Casals
Publisher : Unknown
Page : 845 pages
File Size : 44,9 Mb
Release : 2019
Category : Contracts
ISBN : 1780689136
All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. 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. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.
Author : Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1218 pages
File Size : 50,6 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110248494
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.
Author : European Group on Tort Law
Publisher : Springer
Page : 282 pages
File Size : 41,6 Mb
Release : 2009-09-02
Category : Law
ISBN : 3211100105
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.