French Civil Liability In Comparative Perspective

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French Civil Liability in Comparative Perspective

Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 150992728X
Total Pages : 548 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis French Civil Liability in Comparative Perspective by : Jean-Sébastien Borghetti

Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tort Law in France

Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 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 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.

Comparative Tort Law

Author : Mauro Bussani
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718130
Total Pages : 520 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Comparative Tort Law by : Mauro Bussani

Download or read book Comparative Tort Law written by Mauro Bussani and published by Edward Elgar Publishing. This book was released on 2015-08-28 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l

Product Liability in Comparative Perspective

Author : Duncan Fairgrieve
Publisher : Cambridge University Press
ISBN 13 : 9781139448031
Total Pages : 392 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Product Liability in Comparative Perspective by : Duncan Fairgrieve

Download or read book Product Liability in Comparative Perspective written by Duncan Fairgrieve and published by Cambridge University Press. This book was released on 2005-10-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

Tort Liability of Public Authorities in Comparative Perspective

Author : Duncan Fairgrieve
Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Tort Liability of Public Authorities in Comparative Perspective by : Duncan Fairgrieve

Download or read book Tort Liability of Public Authorities in Comparative Perspective written by Duncan Fairgrieve and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law on compensation for administrative wrongdoing from a comparative law perspective. Particular account is taken of the increasing influence of human rights law, European Community law and international law.

Common Law and Civil Law Perspectives on Tort Law

Author : Mauro Bussani
Publisher : Oxford University Press
ISBN 13 : 019536838X
Total Pages : 297 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Common Law and Civil Law Perspectives on Tort Law by : Mauro Bussani

Download or read book Common Law and Civil Law Perspectives on Tort Law written by Mauro Bussani and published by Oxford University Press. This book was released on 2022 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Vicarious Liability in Tort

Author : Paula Giliker
Publisher : Cambridge University Press
ISBN 13 : 1139493078
Total Pages : 331 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Vicarious Liability in Tort by : Paula Giliker

Download or read book Vicarious Liability in Tort written by Paula Giliker and published by Cambridge University Press. This book was released on 2010-10-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

The French Contract Law Reform

Author : Sophie Stijns
Publisher :
ISBN 13 : 9781780684192
Total Pages : 0 pages
Book Rating : 4.6/5 (841 download)

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Book Synopsis The French Contract Law Reform by : Sophie Stijns

Download or read book The French Contract Law Reform written by Sophie Stijns and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

The French Legal System

Author : René David
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (459 download)

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Book Synopsis The French Legal System by : René David

Download or read book The French Legal System written by René David and published by . This book was released on 1958 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Liability of Public Authorities in Comparative Perspective

Author : Intersentia
Publisher : Principles of European Tort Law
ISBN 13 : 9781780682419
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis The Liability of Public Authorities in Comparative Perspective by : Intersentia

Download or read book The Liability of Public Authorities in Comparative Perspective written by Intersentia and published by Principles of European Tort Law. This book was released on 2016-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Inter-American and European Human Rights Journal offers an international platform for research in the field of human rights of relevance for (Latin) America and Europe.

Rights of Personality in Scots Law

Author : Niall Whitty
Publisher : Edinburgh University Press
ISBN 13 : 0748699546
Total Pages : 300 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Rights of Personality in Scots Law by : Niall Whitty

Download or read book Rights of Personality in Scots Law written by Niall Whitty and published by Edinburgh University Press. This book was released on 2014-02-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.

European Tort Law

Author : Cees van Dam
Publisher : Oxford University Press
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis European Tort Law by : Cees van Dam

Download or read book European Tort Law written by Cees van Dam and published by Oxford University Press. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Financial Regulation and Civil Liability in European Law

Author : Olha O. Cherednychenko
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908116
Total Pages : 327 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Financial Regulation and Civil Liability in European Law by : Olha O. Cherednychenko

Download or read book Financial Regulation and Civil Liability in European Law written by Olha O. Cherednychenko and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.

Towards a Chinese Civil Code

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204881
Total Pages : 576 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Towards a Chinese Civil Code by :

Download or read book Towards a Chinese Civil Code written by and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

American Law

Author : Gerrit De Geest
Publisher : Edward Elgar Publishing
ISBN 13 : 1839101458
Total Pages : 136 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis American Law by : Gerrit De Geest

Download or read book American Law written by Gerrit De Geest and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading.

An Introduction to the Comparative Study of Private Law

Author : James Gordley
Publisher : Cambridge University Press
ISBN 13 : 1108835848
Total Pages : 735 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis An Introduction to the Comparative Study of Private Law by : James Gordley

Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

Download The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung PDF Online Free

Author : Zentaro Kitagawa
Publisher : Walter de Gruyter
ISBN 13 : 311091915X
Total Pages : 293 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung by : Zentaro Kitagawa

Download or read book The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung written by Zentaro Kitagawa and published by Walter de Gruyter. This book was released on 2011-12-22 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.