European Tort Law 2012

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Tort Law in the Jurisprudence of the European Court of Human Rights

Author : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 311026000X
Total Pages : 933 pages
Book Rating : 4.1/5 (12 download)

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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.

Personality Rights in European Tort Law

Author : Gert Brüggemeier
Publisher : Cambridge University Press
ISBN 13 : 113948429X
Total Pages : 621 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Personality Rights in European Tort Law by : Gert Brüggemeier

Download or read book Personality Rights in European Tort Law written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2010-04-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.

Essential Cases on Damage

Author : Bénédict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 9783112188804
Total Pages : 1176 pages
Book Rating : 4.1/5 (888 download)

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Book Synopsis Essential Cases on Damage by : Bénédict Winiger

Download or read book Essential Cases on Damage written by Bénédict Winiger and published by Walter de Gruyter. This book was released on 2011 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."

Causation in European Tort Law

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108418368
Total Pages : 785 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Causation in European Tort Law by : Marta Infantino

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Basic Questions of Tort Law from a Germanic Perspective

Author : Helmut Koziol
Publisher : Sramek Verlag Kg
ISBN 13 : 9783902638854
Total Pages : 0 pages
Book Rating : 4.6/5 (388 download)

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Book Synopsis Basic Questions of Tort Law from a Germanic Perspective by : Helmut Koziol

Download or read book Basic Questions of Tort Law from a Germanic Perspective written by Helmut Koziol and published by Sramek Verlag Kg. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to produce answers to the basic questions of tort law in Europe from a comparative perspective. It is intended to provide a basis for comprehensive responses by representatives of other European legal families and jurisdictions outside Europe on the fundamental ideas in this book. The book gives an extensive introduction to the delictual and contractual law of liability and damages. Above all, the position of the law of tort within the overall system for the protection of legal goods is examined. The focus is on particularly controversial issues and new approaches. Not only is the relationship between breaches of obligations and torts examined, the basic requirements for a claim under tort law"damage and causation"are discussed. An extensive section is devoted to the elements of establishing liability and the question of liability on the side of the victim, (contributory responsibility) is looked at anew. A final section is devoted to the prescription of compensation claims.

Comparative Tort Law

Author : Mauro Bussani
Publisher : Edward Elgar Publishing
ISBN 13 : 1789905982
Total Pages : 584 pages
Book Rating : 4.7/5 (899 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 2021-02-26 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

Distorting the Law

Author : William Haltom
Publisher : University of Chicago Press
ISBN 13 : 0226314693
Total Pages : 361 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Distorting the Law by : William Haltom

Download or read book Distorting the Law written by William Haltom and published by University of Chicago Press. This book was released on 2009-11-15 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Comparative Law

Author : Esin Örücü
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316980
Total Pages : 515 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Comparative Law by : Esin Örücü

Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

The Enforcement of EU Law and Values

Author : András Jakab
Publisher : Oxford University Press
ISBN 13 : 0191063517
Total Pages : 715 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Enforcement of EU Law and Values by : András Jakab

Download or read book The Enforcement of EU Law and Values written by András Jakab and published by Oxford University Press. This book was released on 2017-04-07 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

EU External Relations Law

Author : Piet Eeckhout
Publisher : Oxford University Press
ISBN 13 : 0199606633
Total Pages : 623 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis EU External Relations Law by : Piet Eeckhout

Download or read book EU External Relations Law written by Piet Eeckhout and published by Oxford University Press. This book was released on 2011-05-26 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the legal and constitutional foundations of the EU's external relations. It focuses on the EU's external powers and objectives, on the instruments, principles and actors of external policies, and on the legal effects of international agreements and international law.

Basic Questions of Tort Law from a Comparative Perspective

Author : Helmut Koziol
Publisher :
ISBN 13 :
Total Pages : 867 pages
Book Rating : 4.:/5 (21 download)

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Book Synopsis Basic Questions of Tort Law from a Comparative Perspective by : Helmut Koziol

Download or read book Basic Questions of Tort Law from a Comparative Perspective written by Helmut Koziol and published by . This book was released on 2015 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Exploring Tort Law

Author : M. Stuart Madden
Publisher : Cambridge University Press
ISBN 13 : 9780521851367
Total Pages : 508 pages
Book Rating : 4.8/5 (513 download)

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Book Synopsis Exploring Tort Law by : M. Stuart Madden

Download or read book Exploring Tort Law written by M. Stuart Madden and published by Cambridge University Press. This book was released on 2005-09-26 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of scholarship from the most influential contributors regarding Torts law.

The Interaction of Contract Law and Tort and Property Law in Europe

Author : Christian von Bar
Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)

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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.

Principles of Tort Law

Author : Rachael Mulheron
Publisher : Cambridge University Press
ISBN 13 : 1108727646
Total Pages : 1111 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Principles of Tort Law by : Rachael Mulheron

Download or read book Principles of Tort Law written by Rachael Mulheron and published by Cambridge University Press. This book was released on 2020-10-22 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book does what it 'says on the tin' - stating the corpus of tort law as a body of principles. Undertaken for the first time in English tort law, this book describes the law of tort concisely, accessibly, and accurately, and with both depth and detail.

Causation in European Tort Law

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108304877
Total Pages : 785 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Causation in European Tort Law by : Marta Infantino

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

The Power of Punitive Damages

Author : Lotte Meurkens
Publisher :
ISBN 13 : 9781780680477
Total Pages : 0 pages
Book Rating : 4.6/5 (84 download)

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Book Synopsis The Power of Punitive Damages by : Lotte Meurkens

Download or read book The Power of Punitive Damages written by Lotte Meurkens and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to the "Power of Punitive Damages" "--Back cover.

Research Handbook on EU Tort Law

Author : Paula Giliker
Publisher : Edward Elgar Publishing
ISBN 13 : 178536572X
Total Pages : 513 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on EU Tort Law by : Paula Giliker

Download or read book Research Handbook on EU Tort Law written by Paula Giliker and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.