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Author : Ernst Karner
Publisher :
ISBN 13 : 9783709702284
Total Pages : pages
Book Rating : 4.7/5 (22 download)
Download or read book Essays in Honour of Helmut Koziol written by Ernst Karner and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111241688
Total Pages : 814 pages
Book Rating : 4.1/5 (112 download)
Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark A. Geistfeld
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311077545X
Total Pages : 284 pages
Book Rating : 4.1/5 (17 download)
Download or read book Civil Liability for Artificial Intelligence and Software written by Mark A. Geistfeld and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-11-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.
Author : Attila Fenyves
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110486172
Total Pages : 577 pages
Book Rating : 4.1/5 (14 download)
Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-26 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems
Author : Simon Deakin
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110489961
Total Pages : 1019 pages
Book Rating : 4.1/5 (14 download)
Download or read book Directors & Officers (D & O) Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.
Author : Edited by the Faculty of Law, University of Pretoria
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 257 pages
Book Rating : 4./5 ( download)
Download or read book Ars Docendi et Scribendi: Essays in honour of Johan Scott written by Edited by the Faculty of Law, University of Pretoria and published by Pretoria University Law Press. This book was released on with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ars Docendi et Scribendi: Essays in honour of Johan Scott Edited by the Faculty of Law, University of Pretoria ISBN: 978-1-920538-76-7 Pages: 243 Print version: Available Electronic version: Free PDF available About the publication "Festschrift" - a collection of articles by the colleagues, former students, etc. of a noted scholar, published in his or her honour. During his travels abroad Johan Scott built up a wide network of international scholars who over time became a valued circle of friends, many of whom spent enriching moments in his company and who contributed to this Festschrift. Contributors were requested to write in their home language, and furthermore to submit their contributions for publication in other journals worldwide, specifically accrediting this Festschrift in order to expand access worldwide to the wonderful contributions written in honour of our colleague. Great scholars like Johan never retire. They might go fishing more than they could in the past, but his calling of being a true teacher will never fade. Scholars like Johan understand that the present and the future are inevitably linked to the past, and although education depends on talent and performance, it should always serve to build character and a vision for future generations. Table of Contents Dedication Acknowledgments Publications of Johan Scott Essays Sessie en subrogasie Susan Scott Revisiting the maxim imperitia culpae adnumeratur in context of medical negligence – can the maxim be extended to include the application of luxuria? Pieter Carstens The Omissions in Oppelt Duard Kleyn & Emile Zitzke Skeepshouer-geboue – roerend of onroerend? I Knobel Wrongfulness: derailed or on track? Johann Knobel Fremdsprachige Rechtsbegriffe und Auslegung von internationalen Verträgen Gabriele Koziol Die actio de deiectis vel effusis in Südafrika und Österreich Helmut Koziol, Wien/Graz Die regsrelevansie van owerspel: quo vadis? Johann Neethling & Johan Potgieter Die impak van die Nasionale Kredietwet op die Sakereg en Saaklike Sekerheid JM Otto How the European Court of Human Rights changed the life of surrogacy children Prof Dr Walter Pintens De Nederlandse Natuurschoonwet: voorbeeld voor Zuid-Afrika? Prof Sebastiaan Roes Borgstelling, saaklike sekerheidsregte én die verpligtinge van ’n medehoofskuldenaar – ’n werklik merkwaardige uitspraak JC Sonnekus The Hopeless Case of Climate Change: Can we still keep the floodgates shut? Jaap Spier & Daniël Witte Die Consumer Protection Act: Laaste spyker in voetstootsbedinge se doodskis? Philip N Stoop Protection of trust beneficiaries through the application of basic trust principles Anton van der Linde Taming the chimera: The treatment of “wrongfulness” in South African delict scholarship Daniel Visser Enkele aspekte rakende ’n retensiereg en ’n verhuurder se stilswyende hipoteek Dr M Wiese Personal tributes André Boraine Christof Heyns Aeenna Malan Chris Pretorius Neil van Schalkwyk Caroline Van Schoubroeck Bibliography
Author : Helmut Koziol
Publisher :
ISBN 13 : 9783709701010
Total Pages : 325 pages
Book Rating : 4.7/5 (1 download)
Download or read book Essays in Honour of Jaap Spier written by Helmut Koziol and published by . This book was released on 2016 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Phillip Morgan
Publisher : Edward Elgar Publishing
ISBN 13 : 1802203842
Total Pages : 277 pages
Book Rating : 4.8/5 (22 download)
Download or read book Tort Liability and Autonomous Systems Accidents written by Phillip Morgan and published by Edward Elgar Publishing. This book was released on 2023-10-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Autonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.
Author : Helmut Koziol
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110547554
Total Pages : 623 pages
Book Rating : 4.1/5 (15 download)
Download or read book PRODUCT LIABILITY written by Helmut Koziol and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-11-07 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.
Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 385 pages
Book Rating : 4.1/5 (926 download)
Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Ronald St John MacDonald
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004636226
Total Pages : 1240 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Structure and Process of International Law written by Ronald St John MacDonald and published by Martinus Nijhoff Publishers. This book was released on 1983-10 with total page 1240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Max Loubser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526246
Total Pages : 643 pages
Book Rating : 4.4/5 (35 download)
Download or read book Tort Law in South Africa written by Max Loubser and published by Kluwer Law International B.V.. This book was released on 2020-10-20 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 South Africa. 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 South Africa. 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 : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 311026000X
Total Pages : 933 pages
Book Rating : 4.1/5 (12 download)
Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : David Johnston
Publisher :
ISBN 13 : 0511029292
Total Pages : 793 pages
Book Rating : 4.5/5 (11 download)
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Author : Andrew Burrows
Publisher : Oxford University Press
ISBN 13 : 0199677344
Total Pages : 748 pages
Book Rating : 4.1/5 (996 download)
Download or read book Judge and Jurist written by Andrew Burrows and published by Oxford University Press. This book was released on 2013-06-20 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.
Author : Christiana Fountoulakis
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316204
Total Pages : 284 pages
Book Rating : 4.8/5 (473 download)
Download or read book Set-off Defences in International Commercial Arbitration written by Christiana Fountoulakis and published by Bloomsbury Publishing. This book was released on 2010-12-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes.
Author : Reinhard Zimmermann
Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.F/5 ( download)
Download or read book Grundstrukturen des Europäischen Deliktsrechts written by Reinhard Zimmermann and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
