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Author :
Publisher : Editions Bréal
ISBN 13 : 2749525780
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)
Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Eric Descheemaeker
Publisher : Oxford University Press (UK)
ISBN 13 : 0199562792
Total Pages : 328 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Division of Wrongs written by Eric Descheemaeker and published by Oxford University Press (UK). This book was released on 2009-06-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman law.
Author : David M. Cameron
Publisher : Institute of Public Administration of Canada
ISBN 13 : 9780919400627
Total Pages : 104 pages
Book Rating : 4.4/5 (6 download)
Download or read book Power and Responsibility in the Public Service / Pouvoir et respopnsabilité dans la fonction publique (edited by David M. Cameron) written by David M. Cameron and published by Institute of Public Administration of Canada. This book was released on 1978 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Elgie
Publisher : Routledge
ISBN 13 : 113526726X
Total Pages : 247 pages
Book Rating : 4.1/5 (352 download)
Download or read book The Changing French Political System written by Robert Elgie and published by Routledge. This book was released on 2013-09-13 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the nature of the Fifth Republic after its first 42 years, this study looks at the challenges posed by new parties and new expressions of political mobilization. Entrenched policy routines are being undermined by the emergence of new actors and the failure of old paradigms.
Author : Hans De Doelder
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101655
Total Pages : 428 pages
Book Rating : 4.1/5 (16 download)
Download or read book Criminal Liability of Corporations = LA Criminalisation Du Comportement Collectif written by Hans De Doelder and published by Martinus Nijhoff Publishers. This book was released on 1996 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains fourteen national reports and the general report on the subject of "Criminal Liability of Corporations," written for the XIVth Congress of the International Academy of Comparative Law which was held in 1994 in Athens, Greece. The issue of criminal liability of corporations is being discussed worldwide, as is apparent in the many changes which are taking place in both criminal law and administrative law in several countries. The national reports give an overview of the various trends in criminal policy when addressing the topic of liability of corporations and the general report sets out a common thread in this field.
Author : Charles-Hubert Born
Publisher : Primento
ISBN 13 : 2802744216
Total Pages : 414 pages
Book Rating : 4.8/5 (27 download)
Download or read book Natura 2000 et le juge/Natura 2000 and the judge written by Charles-Hubert Born and published by Primento. This book was released on 2014-06-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: S’inscrivant dans le cadre des activités de l’Observatoire juridique Natura 2000, le thème du présent ouvrage porte sur les questions juridiques que soulève l’application par le juge national – constitutionnel, administratif et judiciaire – des dispositions relatives à Natura 2000, en vue d’évaluer la contribution du juge à l’effectivité de ces dernières. Corps de règles complexe, technique, faisant appel à des concepts scientifiques ardus à interpréter pour un non-scientifique, le régime Natura 2000 n’est guère aisé à appliquer pour un juge non spécialisé. Le recours à l’expertise est souvent indispensable pour déterminer dans quelle mesure tel ou tel standard – par exemple le caractère « significatif » d’un impact – a été respecté ou non. Pour cette raison, les solutions trouvées par le juge aux différents problèmes que pose l’application du régime Natura 2000 dans les différents États membres méritent l’attention et sera enrichissante tant pour le chercheur que pour le praticien. As part of the activities of the Legal Observatory Natura 2000, this book focuses on legal issues arising from the implementation by the national courts – constitutional, administrative and judicial ones – of the provisions relating to Natura 2000, in order to assess the contribution of the judge to the effectiveness of this regime. The enforcement of this legislation, which encompasses a complex body of technical rules, grounded on scientific concepts difficult to interpret for a non-scientist, is not easy to apply by a non-specialized judge. The use of expertise is essential to determine how a particular standard – for example the «significant» character of an impact – has been met or not. For this reason, the solutions found by the judge to the various problems arising from the application of the Natura 2000 provisions in the different Member States deserve attention and will be rewarding for both researchers and practitioners.
Author : Duncan Fairgrieve
Publisher : Routledge
ISBN 13 : 1351161865
Total Pages : 227 pages
Book Rating : 4.3/5 (511 download)
Download or read book Child Abuse Tort Claims Against Public Bodies written by Duncan Fairgrieve and published by Routledge. This book was released on 2017-11-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing international cooperation in tackling the worldwide problem of child abuse and neglect has helped to raise the profile of this important issue. Scholarly literature on the problem is growing, yet there is still a pressing need for a legal comparative commentary on the issue of child abuse claims in tort. Addressing this omission, this valuable work investigates how the factual circumstances as laid out in the landmark English cases of X v. Bedfordshire County Council and Barrett v. Enfield London Borough Council have been dealt with by the European Court of Human Rights and in a number of key jurisdictions including the US, Canada, Australia, South Africa, France, Germany and Italy. Examining the substantive tort law in these jurisdictions, the book highlights differences in procedure and compares alternative, non-judicial sources of compensation for claimants. It also offers suggestions for reform, providing a work that will greatly benefit all those working within this specific area of law or having an interest in the subject.
Author : Andrew Knapp
Publisher : Routledge
ISBN 13 : 1134841302
Total Pages : 481 pages
Book Rating : 4.1/5 (348 download)
Download or read book The Government and Politics of France written by Andrew Knapp and published by Routledge. This book was released on 2003-09-02 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government and Politics of France 4th Edition continues to provide students with a comprehensive and incisive introduction to the intricacies of French politics and government. Written by two leading authorities on the subject, this widely used textbook has been fully revised and up-dated to take into account the many changes that have occurred since the last edition was published. Coverage includes: * French political traditions * constitution and the Fifth Republic * the executive * the Parliament * parties and the party system * the Administration * interest groups * local politics * the impact of the EU.
Author : Council of Europe Staff
Publisher : Springer Science & Business Media
ISBN 13 : 9401512159
Total Pages : 1001 pages
Book Rating : 4.4/5 (15 download)
Download or read book Yearbook of the European Convention on Human Rights / Annuaire dela convention Europeenne des Droits de L’Homme written by Council of Europe Staff and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMATIONS DE CARACTERE GENERAL CHAPITRE 1. TEXTES FONDAMENTAUX A. AMENDEMENTS A LA CONVENTION EUROPEENNE DES DROITS DE L'HOMME 3 B. AMENDEMENTS AU REGLEMENT DE LA COUR EUROPEENNE DES DROITS DE L'HOMME 7 C. AMENDEMENT AU REGLEMENT INTERIEUR DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 15 D. DECLARATION D'ACCEPTATION DE LA COMPETENCE DE LA COM MISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVIDUELLES (Article 25 de la Convention) 17 Belgique 17 Republique Federale d'Allemagne 19 Luxembourg 19 E. DECLARATION D'ACCEPTATION DE LA JURIDICTION OBLIGATO IRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 21 Belgique 21 Republique Federale d'Allemagne 21 Luxembourg 23 Suede 25 F. DEROGATIONS (Article 15 de la Convention) 25 Turquie 25 Royaume-Uni 33 ANNEXES Etat des Ratifications, Declarations et Reserves au 31 dec- bre 1971 38 Etat des Depots des Ratifications au 31 decembre 1971 41 CHAPITRE II. LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME A. COMPOSITION 43 VIII TABLE OF CONTENTS B. BIOGRAPHICAL NOTES C. WORK OF THE COMMISSION D. SECRETARIAT CHAPTER III. THE EUROPEAN COURT OF HUMAN RIGHTS A. COMPOSITION 50 B. BIOGRAPHICAL NOTES 52 C. SESSIONS AND HEARINGS 58 D. REGISTRY OF THE COURT 60 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS A. CHRONOLOGICAL LIST OF EVENTS 62 B. WORK OF THE COUNCIL OF EUROPE IN THE FIELD OF HUMAN RIGHTS 66 I. Consultative Assembly 68 2.
Author : Council of Europe/Conseil de l'Europe
Publisher : BRILL
ISBN 13 : 9004703500
Total Pages : 1007 pages
Book Rating : 4.0/5 (47 download)
Download or read book Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme, Volume 14 (1971) written by Council of Europe/Conseil de l'Europe and published by BRILL. This book was released on 2024-08-26 with total page 1007 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : E. Picard
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142045
Total Pages : 528 pages
Book Rating : 4.0/5 (411 download)
Download or read book Introduction to French Law written by E. Picard and published by Kluwer Law International B.V.. This book was released on 2008-03-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law
Author : Lionel Neville Brown
Publisher : Oxford University Press, USA
ISBN 13 : 0198765134
Total Pages : 394 pages
Book Rating : 4.1/5 (987 download)
Download or read book French Administrative Law written by Lionel Neville Brown and published by Oxford University Press, USA. This book was released on 1998 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of the leading English-language text in its field offers a complete and current overview of droit administratif, which is regarded (alongside the Napoleonic Code) as the most notable achievement of French legal science. The book includes eleven expanded appendices--with statistics, model pleadings, and other illustrations--and will prove an invaluable source for information on the courts, their procedures, and their case-loads. The approach throughout the volume is comparative, with many references to developments in UK common law and in the EC institutions.
Author : Pekka Aalto
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318452
Total Pages : 278 pages
Book Rating : 4.8/5 (473 download)
Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.
Author : Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111377776
Total Pages : 819 pages
Book Rating : 4.1/5 (113 download)
Download or read book 2023 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-12-16 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041102171
Total Pages : 1186 pages
Book Rating : 4.1/5 (21 download)
Download or read book Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 37 Volume 37, 1994 written by and published by Martinus Nijhoff Publishers. This book was released on 1996-11-26 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe relates to 1994. Its presentation follows that of the previous volume. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A Bibliography and Index are included. Ce volume de l'Annuaire de la Convention européenne des Droits de l'Homme, préparé par la Direction des Droits de l'Homme du Conseil de l'Europe, concerne l'année 1994. La première partie contient des textes fondamentaux; la deuxième partie contient les rapports de la Commission européenne des Droits de l'Homme; la troisième partie donne des informations sur la Cour européenne des Droits de l'Homme; la quatrième partie contient des Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de l'Europe et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de l'homme. Le volume se termine avec une bibliographie et une index alphabétique.
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.
