Tort Law in Portugal

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523301
Total Pages : 256 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Portugal by : Nuno Manuel Pinto Oliveira

Download or read book Tort Law in Portugal written by Nuno Manuel Pinto Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-07-21 with total page 256 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 Portugal. 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 Portugal. 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.

Precontractual Liability under the Portuguese, German and French Legal Systems

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3346190218
Total Pages : 20 pages
Book Rating : 4.3/5 (461 download)

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Book Synopsis Precontractual Liability under the Portuguese, German and French Legal Systems by : Elouisa Müller

Download or read book Precontractual Liability under the Portuguese, German and French Legal Systems written by Elouisa Müller and published by GRIN Verlag. This book was released on 2020-06-25 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 15/20, , language: English, abstract: On a daily basis, contracts are concluded between natural or legal persons. Therefore, many legal subjects have to enter into the precontractual phase of negotiations that eventually lead to a conclusion or a failure of the treaty. As first outlined by Jhering in 18611, the precontractual phase can establish a legal relationship in which precontractual obligations have to be respected. In the following, the precontractual liability under the German, French and Portuguese law will be compared. After an analysis of the historical origin of the precontractual liability in general and the presentation of the historical developments in Germany, France and Portugal, the legal problem, that needs a regulation in the legal orders, will be defined. Furthermore, in the com-parison of the regulatory framework, the similarities and differences of the current legislations in the three states will be examined based on various criteria such as the legal basis, the concrete precontractual duties and the relevance of the good faith. Apart from comparing compensable damages, the legal institutes in those states will be classified. Before summing up the compar-ison of the roots and the legal institute by also including a grid of the main comparative aspects, important cases will be presented to understand the development of the precontractual liability in Germany, France and Portugal.

PoLaR Portuguese Law Review - vol. 2 - n.o 2

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Author :
Publisher : Leya
ISBN 13 : 2183932228
Total Pages : 168 pages
Book Rating : 4.1/5 (839 download)

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Book Synopsis PoLaR Portuguese Law Review - vol. 2 - n.o 2 by : Hugo Flores da Silva

Download or read book PoLaR Portuguese Law Review - vol. 2 - n.o 2 written by Hugo Flores da Silva and published by Leya. This book was released on 2023-06-13 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revista PoLaR – Portuguese Law Review e? uma publicac?a?o cienti?fica online de periodicidade semestral, que tem como objetivos principais a produc?a?o e a divulgação do saber cienti?fico-juri?dico. Dá especial atenc?a?o ao Direito comparado, mediante a promoc?a?o do dia?logo entre a cie?ncia juri?dica portuguesa e as cie?ncias juri?dicas estrangeiras. Aceita contribuições científicas em inglês e francês. PoLaR – Portuguese Law Review is a scientific journal, to be published biannually. It aims at stimulating comparative legal research, by promoting the dialogue between Portuguese legal scholars and their foreign counterparts. It welcomes contributions in either English or French. TABLE OF CONTENTS Sébastien Pimont ESQUISSE D’UNE THÉORIE SOCIALE-LIBÉRALE DU CONSENTEMENT. PROPOSITION D’INTERPRÉTATION DE QUELQUES ARTICLES DU CODE CIVIL FRANÇAIS Bernard Dubuisson L’AVANT-PROJET DE RÉFORME DU CODE CIVIL BELGE. LA RESPONSABILITÉ EXTRACONTRATUELLE ANNEXE: AVANT-PROJET DE LOI PORTANT INSERTION DES DISPOSITIONS RELATIVES À LA RESPONSABILITÉ EXTRACONTRACTUELLE DANS LE NOUVEAU CODE CIVIL Nuno Manuel Pinto Oliveira UNCERTAINTY ABOUT CAUSATION UNDER THE FRENCH PROJECT TO REFORM CIVIL LIABILITY Jessica Schmidt THE NEW GERMAN LAW ON GROUP INSOLVENCIES José Ferreira Gomes MISCONCEPTIONS ON THE EU CORPORATE GOVERNANCE DISCUSSION: INTERNATIONAL TERMINOLOGY AND COUNTRY-SPECIFIC REGULATION Margarida Reis THE RELATIONSHIP BETWEEN INTERNATIONAL AND EUROPEAN LAW IN (SELECTED) ECJ’S CASE LAW ON DIRECT TAXATION Túlio Felippe Xavier Januário CRIMINAL LIABILITY FOR LEGAL ENTITIES: A COMPARATIVE STUDY BETWEEN SPAIN, PORTUGAL AND BRAZIL

PoLaR Portuguese Law Review - vol. 1 - n.o 1

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Author :
Publisher : Leya
ISBN 13 : 2183932112
Total Pages : 237 pages
Book Rating : 4.1/5 (839 download)

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Book Synopsis PoLaR Portuguese Law Review - vol. 1 - n.o 1 by : Hugo Flores da Silva

Download or read book PoLaR Portuguese Law Review - vol. 1 - n.o 1 written by Hugo Flores da Silva and published by Leya. This book was released on 2023-06-13 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revista PoLaR – Portuguese Law Review e? uma publicac?a?o cienti?fica online de periodicidade semestral, que tem como objetivos principais a produc?a?o e a divulgação do saber cienti?fico-juri?dico. Dá especial atenc?a?o ao Direito comparado, mediante a promoc?a?o do dia?logo entre a cie?ncia juri?dica portuguesa e as cie?ncias juri?dicas estrangeiras. Aceita contribuições científicas em inglês e francês. PoLaR – Portuguese Law Review is a scientific journal, to be published biannually. It aims at stimulating comparative legal research, by promoting the dialogue between Portuguese legal scholars and their foreign counterparts. It welcomes contributions in either English or French. TABLE OF CONTENTS André Dias Pereira & Nuno Manuel Pinto Oliveira UNCERTAIN CAUSATION UNDER PORTUGUESE TORT LAW Gabor Hamza VARIOUS FORMS OF OWNERSHIP WITH REGARD TO THE TRUST OWNERSHIP IN THE RUSSIAN FEDERATION – A HISTORICAL-COMPARATIVE SURVEY Maria João Sarmento Pestana de Vasconcelos THE FINANCIAL CRISIS IN PORTUGAL: A GROUND FOR A DEVIATION FROM THE PRINCIPLE OF THE BINDING FORCE OF CONTRACTS? Hugo Flores da Silva THE INHERITANCE AND GIFT TAXATION — CONSIDERATIONS ABOUT ITS NATURE Andreia Isabel Dias Barbosa THE ‘POPULAR FINANCIAL ACTION’ – COMPARATIVE ANALYSIS BETWEEN PORTUGAL AND SPAIN ANNEX: HIGH COURT OF JUSTICE, BANCO SANTANDER TOTTA S.A. V. COMPANHIA DE CARRIS DE FERRO DE LISBOA S.A., SOCIEDADE TRANSPORTES COLECTIVOS DO PORTO S.A., METROPOLITANO DE LISBOA E.P.E. AND METRO DO PORTO S.A. 2016] EWHC 465 (COMM)

Sports Law in Portugal

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Author :
Publisher :
ISBN 13 : 9789041166777
Total Pages : 0 pages
Book Rating : 4.1/5 (667 download)

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Book Synopsis Sports Law in Portugal by : Rui Botica Santos

Download or read book Sports Law in Portugal written by Rui Botica Santos and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Sports law."

PoLaR Portuguese Law Review - vol. 2 - n.o 1

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Author :
Publisher : Leya
ISBN 13 : 218393221X
Total Pages : 72 pages
Book Rating : 4.1/5 (839 download)

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Book Synopsis PoLaR Portuguese Law Review - vol. 2 - n.o 1 by : Hugo Flores da Silva

Download or read book PoLaR Portuguese Law Review - vol. 2 - n.o 1 written by Hugo Flores da Silva and published by Leya. This book was released on 2023-06-13 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revista PoLaR – Portuguese Law Review e? uma publicac?a?o cienti?fica online de periodicidade semestral, que tem como objetivos principais a produc?a?o e a divulgação do saber cienti?fico-juri?dico. Dá especial atenc?a?o ao Direito comparado, mediante a promoc?a?o do dia?logo entre a cie?ncia juri?dica portuguesa e as cie?ncias juri?dicas estrangeiras. Aceita contribuições científicas em inglês e francês. PoLaR – Portuguese Law Review is a scientific journal, to be published biannually. It aims at stimulating comparative legal research, by promoting the dialogue between Portuguese legal scholars and their foreign counterparts. It welcomes contributions in either English or French.

The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts

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Author :
Publisher : Springer
ISBN 13 : 3319529234
Total Pages : 295 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts by : Marta Santos Silva

Download or read book The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Causation in European Tort Law

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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.

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

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Author :
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 European Tort Law

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Publisher : Springer
ISBN 13 : 9783211100103
Total Pages : 282 pages
Book Rating : 4.1/5 (1 download)

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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.

Tort Law

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Publisher : Cambridge University Press
ISBN 13 : 1316598497
Total Pages : 465 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Tort Law by : Keith N. Hylton

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.

A History of Tort Law 1900–1950

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Publisher : Cambridge University Press
ISBN 13 : 0521768616
Total Pages : 385 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis A History of Tort Law 1900–1950 by : Paul Mitchell

Download or read book A History of Tort Law 1900–1950 written by Paul Mitchell and published by Cambridge University Press. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first historical treatment of tort law in England during a formative period of its development.

Private Wrongs

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Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Principles of Tort Law

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Author :
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.

Tort Law

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Publisher :
ISBN 13 : 9781454878353
Total Pages : 1189 pages
Book Rating : 4.8/5 (783 download)

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Book Synopsis Tort Law by : John C. P. Goldberg

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

Proof of Causation in Tort Law

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Publisher : Cambridge University Press
ISBN 13 : 1107049105
Total Pages : 461 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Proof of Causation in Tort Law by : Sandy Steel

Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

Recognizing Wrongs

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Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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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.