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Author : Viktor Knapp
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024727872
Total Pages : 820 pages
Book Rating : 4.7/5 (278 download)
Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 150992728X
Total Pages : 548 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111001520
Total Pages : 999 pages
Book Rating : 4.1/5 (11 download)
Download or read book Essential Cases on the Limits of Liability written by Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-09-20 with total page 999 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Academie De Droit International De Le Haye
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792307228
Total Pages : 426 pages
Book Rating : 4.3/5 (72 download)
Download or read book Recueil des Cours - Collected Courses written by Academie De Droit International De Le Haye and published by Martinus Nijhoff Publishers. This book was released on 1990-03-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
Author : Laurent Coutron
Publisher : Primento
ISBN 13 : 2802746561
Total Pages : 406 pages
Book Rating : 4.8/5 (27 download)
Download or read book L'obligation de renvoi préjudiciel à la Cour de justice written by Laurent Coutron and published by Primento. This book was released on 2014-05-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amorcé par l’arrêt Köbler, un mouvement jurisprudentiel récent a conduit la Cour de justice à concevoir divers mécanismes qui permettent aux justiciables de sanctionner, directement ou indirectement, une juridiction nationale qui a méconnu son obligation de renvoi préjudiciel. C’est ainsi que les justiciables pourront solliciter la remise en cause de la chose décidée, voire de la chose jugée ou encore, chercher à engager la responsabilité «judiciaire» de l’État. On pressent pourtant que les solutions, très restrictives, forgées par la Cour de justice sont supplantées par les dispositifs nationaux. Ceux-ci paraissent en effet plus aisés à actionner, voire plus performants, qu’il s’agisse de la violation du droit au juge légal, comme en Allemagne ou en Espagne, ou encore de l’introduction du dispositif législatif suédois. La présentation – sans égal à ce jour – de près de vingt rapports nationaux permettra de mieux apprécier l’effectivité de la protection juridictionnelle dont disposent les justiciables via le renvoi préjudiciel. L’intérêt de cet ouvrage est d’autant plus vif que l’adhésion prochaine de l’Union européenne à la Convention européenne des droits de l’homme se traduira vraisemblablement par une revitalisation des dispositions permettant de sanctionner une violation de l’obligation de renvoi préjudiciel. Cet ouvrage s’adresse principalement aux magistrats et aux avocats, ainsi qu’aux universitaires spécialisés dans l’étude du droit processuel.
Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1107078512
Total Pages : 399 pages
Book Rating : 4.1/5 (7 download)
Download or read book Principles of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2014-12-04 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the ability of current international responsibility law to address situations where multiple actors combine to produce harmful outcomes.
Author : Jan Łopuski
Publisher : Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
ISBN 13 : 8323120560
Total Pages : 342 pages
Book Rating : 4.3/5 (231 download)
Download or read book Maritime law in the second half of the 20th century. Selected articles written by Jan Łopuski and published by Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika. This book was released on 2008 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains a selection of articles written in the years 1962-2004 and published in English or French languages. They provide information and present views of the author on matters relating to the development and transforrnations which occurred in maritime law in the second haif of the 20th century. Articles on Polish maritirne law arę presented separately from morę numerous articles on international and transnational maritime law.The articles compiled in this book illustrate the process of important changes and developments occurred in maritime law in the said period.They indicate how problems created by the progress in the organisation of maritime trade, technical innovations and political changes on the map of the world were identified, consi-dered and sometimes solved, in the latter case the relevant article may have only a historical signif icance. At the same time some traditional institutions of maritime law were changingtheir role and neededa reappraisal and revision.
Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1316 pages
Book Rating : 4.1/5 (15 download)
Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. 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 modern model rules.
Author : Erwin Deutsch
Publisher : Springer Science & Business Media
ISBN 13 : 3642704492
Total Pages : 850 pages
Book Rating : 4.6/5 (427 download)
Download or read book Medical Responsibility in Western Europe written by Erwin Deutsch and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts
Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192859862
Total Pages : 385 pages
Book Rating : 4.1/5 (928 download)
Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-06-23 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 : Court of Justice of the European Un
Publisher : Springer Science & Business Media
ISBN 13 : 9067048976
Total Pages : 711 pages
Book Rating : 4.0/5 (67 download)
Download or read book The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law -La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence written by Court of Justice of the European Un and published by Springer Science & Business Media. This book was released on 2012-12-05 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
Author : Simon Taylor
Publisher : Cambridge University Press
ISBN 13 : 1107102804
Total Pages : 197 pages
Book Rating : 4.1/5 (71 download)
Download or read book Medical Accident Liability and Redress in English and French Law written by Simon Taylor and published by Cambridge University Press. This book was released on 2015-06-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.
Author : Dennis Kurzon
Publisher : John Benjamins Publishing Company
ISBN 13 : 9027264074
Total Pages : 288 pages
Book Rating : 4.0/5 (272 download)
Download or read book Legal Pragmatics written by Dennis Kurzon and published by John Benjamins Publishing Company. This book was released on 2018-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
Author : Jonas Knetsch
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)
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.
Author : Christoph Müller
Publisher : Cambridge University Press
ISBN 13 : 1108381812
Total Pages : 822 pages
Book Rating : 4.1/5 (83 download)
Download or read book Swiss Contract Law in International Commercial Arbitration written by Christoph Müller and published by Cambridge University Press. This book was released on 2023-06-30 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028604360
Total Pages : 414 pages
Book Rating : 4.6/5 (43 download)
Download or read book Recueil Des Cours, Collected Courses, 1975 written by and published by Martinus Nijhoff Publishers. This book was released on 1976-07-28 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Author : TT Arvind
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250557
Total Pages : 451 pages
Book Rating : 4.7/5 (822 download)
Download or read book Tort Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
