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Tort Law In Belgium
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Book Synopsis Tort Law in Belgium by : Marc Kruithof
Download or read book Tort Law in Belgium written by Marc Kruithof and published by Kluwer Law International B.V.. This book was released on 2018-05-09 with total page 174 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 Belgium. 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 Belgium. 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.
Book Synopsis Herbot's Contract Law in Belgium by : J. Herbots
Download or read book Herbot's Contract Law in Belgium written by J. Herbots and published by Springer. This book was released on 1995-01-02 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves
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.
Book Synopsis A Treatise on Belgian Law by : Belgium
Download or read book A Treatise on Belgian Law written by Belgium and published by . This book was released on 1905 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves
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 with total page 0 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.
Book Synopsis Principles of European Tort Law by : European Group on Tort Law
Download or read book Principles of European Tort Law written by European Group on Tort Law and published by Springer. This book was released on 2009-09-02 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Dictionary of Anglo-Belgian Law by : Lionel E. F. Anspach
Download or read book Dictionary of Anglo-Belgian Law written by Lionel E. F. Anspach and published by . This book was released on 1920 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to Belgian Law by : M. Kruithof
Download or read book Introduction to Belgian Law written by M. Kruithof and published by Kluwer Law International. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction, now in its second completely revised and upgraded edition, is the ideal overview of Belgian law for foreign lawyers. It identifies the basic legal sources, institutions and concepts of Belgian law. It offers an up to date, state of the art systematic and critical rendition of the principal branches of the law as practised, and it provides the necessary historical background and theoretical framing. The book consists of sixteen chapters, covering all major fields of Belgian law including constitutional and administrative law, procedural law, criminal law, family law and trusts and estates, property, contracts and torts, commercial transactions and company law, labour and social security law, tax law and conflicts of laws, and offering in depth studies of the general features of the Belgian legal system and legal culture. Every contribution is written by a generally recognized expert in this particular field of law. The authors cover the legislation at the different levels, guiding the reader through the multi-layered governance in the complicated federal structure of Belgium within the European Union, and pay ample attention to the reality of legal practice in court cases. Each chapter concludes with a very useful bibliography of works in both official languages (French and Dutch). Where available, basic works in English are listed. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, academic researchers and students interested in a reliable overview of Belgian law and institutions as a starting point for their research or inquiries. Marc Kruithof is a law professor at Ghent University. He holds a PhD in Law, as well as Licentiates in Law and in Economics, from Ghent University, and a Master of Laws from Yale Law School. Walter De Bondt is an emeritus professor at Ghent University and at the Vrije Universiteit Brussel (VUB). He holds a PhD in Law as well as a Licentiate in Law from Ghent University, and a Master of Laws from UC Berkeley.
Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar
Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Book Synopsis Principles of European Tort Law by :
Download or read book Principles of European Tort Law written by and published by . This book was released on 2000 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Tort Law by : Mauro Bussani
Download or read book European Tort Law written by Mauro Bussani and published by . This book was released on 2007 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: In every society Tort Law plays a crucial role in the actual life of the legal system and of the people using it. Whenever relationships between individuals do not converge towards a contract nor are absorbed by property law, then comes the time for tort law rules to provide justice. The goal of comparative research in the law of torts is to clarify diversities and similarities amidst the operative rules of the various legal systems. The need is to go beyond statutory formulas, since in the field of torts, even more than in other areas, the "law" is made by judicial decisions, by the beliefs that underpin these decisions, by insurance practices which affect the allocation of the costs ensuing risks and damages. This comparative analysis calls for an effort which is more and more urgent to the management of private conflicts in a "globalized" world. But this is especially true in Europe, at the dawn of a new era characterized by the enlargement/enrichment of the EU. The issues arising from the infliction of "pure economic" losses, thereby affecting nothing else than the patrimonial sphere of the victim, is in this perspective a very useful case-study to test solutions given to problems, which not only straddle the opaque frontier between contract and tort, but also involve the day-to-day life of your average person, whether s/he be an investor or not, whether s/he be Eastern or Western European. The volume orginates from an international conference that took place in April, 2004 in Trieste, Italy. It is published in co-operation with Stämpfli (Berne), Bruylant (Brussels) and Ant. N. Sakkoulas Publishers (Athens)
Book Synopsis The Impact of Social Security Law on Tort Law by : Ulrich Magnus
Download or read book The Impact of Social Security Law on Tort Law written by Ulrich Magnus and published by Springer. This book was released on 2003-05-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study gives valuable insights into the complex interaction between social security law and private tort law. It is based on reports from eleven European countries, namely Austria, Belgium, England, France, Germany, Greece, Italy, the Netherlands, Switzerland, Spain and Sweden. Leading experts from these jurisdictions provide a concentrated overview of the social security systems in their countries and identify the important differences between social security and tort law compensation in the field of personal injuries. The interrelation between both branches of law is reviewed with respect, e.g., to accidents in the occupational sphere, contributory negligence, recourse actions and bulk agreements between public and private insurance schemes. An extensive comparative report highlights the European perspective and the general interplay between social security law and tort law. The legal perspective is supplemented by an economical analysis of both systems.
Book Synopsis Practical Global Tort Litigation by : Andrew J. McClurg
Download or read book Practical Global Tort Litigation written by Andrew J. McClurg and published by . This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practical Global Tort Litigation takes readers on a journey through a tort case in the U.S., Germany, and Argentina. Using a shattering glass food container as the vehicle, the book compares how a prototypical products liability case would be handled in the U.S. common law system and representative civil law nations in Europe and Latin America. The book analyzes from a real world perspective issues such as fact gathering and presentation, expert witnesses, burdens of proof, theories of recovery and defenses, and damages and attorneys'' fees. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "Practical Global Tort Litigation explores how the law would address an ordinary products liability dispute on separate continents around the world-in North America, Europe, and South America. It is impossible to conceive of a more creative, effective, or engaging way to get one''s arms around the fascinating if unwieldy issues of comparative law than to examine through separate lenses how a particular lawsuit would be handled under such disparate legal systems, reflecting such differing cultural traditions. The distinctive portraits painted here reveal enough threads of commonality to animate the enduring hope of comparativists in every land that similar strands of fairness and justice around the globe, spanning continents and civilizations, reveal enduring links of human experience at a primal level." -- David G. Owen, Carolina Distinguished Professor of Law, University of South Carolina "McClurg, Koyuncu, and Sprovieri have produced the blueprint for academics interested in examining comparative approaches to the law. The book''s strength lies in its holistic examination of a claim from injury to legal resolution within the juridical systems of the United States, Germany, and Argentina. There simply is no better way to address the fundamental issues raised in a comparative tort litigation setting than this contextualized approach. Having had the pleasure to work with the lead author for several years, I can think of no better scholar and teacher to undertake this ambitious endeavor. He and his fellow authors have not only met their goals, they have set the standard for future comparative engagements." -- Ediberto Román, Professor of Law, Florida International University "The unique focus on a single case permits three different legal systems to be compared effectively and efficiently. The brisk and accessible style makes it perfect for classroom use, although lawyers outside of the academy will find it worth reading for the sheer intrinsic pleasure of learning about how familiar concepts are handled elsewhere. In recent years, American lawyers have been told that the world is shrinking: this book is a useful and practical step towards dealing with the globalization of law." -- Anthony J. Sebok, Centennial Professor of Law, Brooklyn Law School "The book convinces by a simultaneous and detailed presentation of central problems of product liability law and the review of the examined jurisdictions as a whole. Therefore, it is valuable for all those readers who practically or theoretically deal with product liability law as well as for those readers who are generally interested in comparative law." -- Produkthaftpflicht international (Product Liability International Journal) "Overall, by working practically through a concrete case this book provides valuable comparative views into the substantive and procedural product liability laws in the U.S.A., Germany and Argentina. The authors deliver -- by highlighting the differences between the countries -- a well-written presentation, in which they also describe possible defense strategies for manufacturers. In addition to the comparative contents, the book is flavored with experiences and insights of the three authors. Particularly, through its numerous practical aspects, the book delivers inspiring and valuable insights for scientific legal scholars, practitioners and interested students. The benefit of this fluently written book is even enhanced by the fact that each chapter contains a table-sheet summary where the commonalities and differences in the analyzed countries are accentuated. This alleviates the quick look for readers. In conclusion, here is a very felicitous and scientifically and practically valuable book, that can be recommended without reservation." -- Recht der Internationalen Wirtschaft (Law of International Economy Journal) "[This] book can be recommended with confidence to all those who are interested in product liability law, since even experts may discover some interesting new approaches in this book. The book is also valuable for those generally interested in comparative law, because it demonstrates in an exemplary manner that successful comparative law cannot merely end with a comparison of material norms, but what must instead be pursued is the examination of the law in its entirety, once again by placing the examined legal field in a social, resp. legal, nexus." -- Versicherungsrecht (VersR) "In summary, by using an example of a concrete liability case, the book delivers insight into the aspects of the substantive and procedural product liability law in the United States, Argentina and Germany. The book is fluently written and easily to understand. It offers instructive and useful information for experts in companies, lawyers, legal academics and students. Especially useful are the tables at the end of each chapter, which summarize the content of the chapter and outline special characteristics, similarities and differences of the respective law in the three countries. This provides the reader with a quick overview. Everyone interested in product liability or comparative law will benefit from this book. Last but not least, it is quite economically priced." -- Peter Hoffman, editor of Food and Law
Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
Book Synopsis Recognizing Wrongs by : John C. P. Goldberg
Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Download or read book Tort Law written by John C. P. Goldberg and published by . This book was released on 2016 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new Check Your Understanding, Big Thing and Did You Know? text boxes along with a new user-friendly page layout. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors. Features: Incredibly versatile, this text has been successfully adopted at a wide range of schools and can be taught from any intellectual or political perspective Presenting tort law as a complex but coherent whole, giving students a clear sense of what tort law is and what it does Grounded and pluralistic treatment recognizes the richness and diversity of the legal rules and concepts that make tort law what it is Comprehensive case mix presents current and classic cases, exposing students to diverse decisions from jurisdictions around the country, from lower courts to state high courts Progresses from negligence to intentional torts to products liability while permitting the professor to focus on an array of contemporary issues Extraordinarily clear introductory text and notes after cases are routinely cited by students as highly accessible, illuminating and relevant
Author :European Group on Tort Law Publisher :Principles of European Tort Law ISBN 13 :9781780689630 Total Pages :0 pages Book Rating :4.6/5 (896 download)
Book Synopsis Prescription in Tort Law by : European Group on Tort Law
Download or read book Prescription in Tort Law written by European Group on Tort Law and published by Principles of European Tort Law. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
