Unification of tort law

multiple tortfeasors

Author: W. V. H. Rogers,W. H. van Boom

Publisher: Kluwer Law Intl

ISBN: 9789041123190

Category: Law

Page: 313

View: 565

DOWNLOAD NOW »

The foundations of tort law differ considerably in the various European legal systems. For a number of years a group of tort law experts, The European Group on Tort Law, has been engaged in a systematic examination of the fundamental questions of tort law with a view to formulating principles which will contribute to a common law of Europe. Although the work has been centred on Europe, it has been informed by contributors from a number of overseas systems. This is the ninth volume in a series setting out the results of the work of the Group: earlier volumes have covered matters such as wrongfulness, causation, contributory negligence and liability for others. In this volume, The authors provide an overview of the law governing multiple tortfeasors (the situation where the victim of a tort contends that more than one person is responsible for an injury suffered by him) seen from the angle of fifteen legal systems. The law has two aspects: The iquest;externaliquest; one relating To The relationship between the victim And The tortfeasors, particularly the question of how far each is liable To The victim For The whole damage; And The iquest;internaliquest; relationship of the tortfeasors, raising issues of recourse inter se. Each country report consists of an account of the theoretical basis of the law in this area, together with an examination of its operation via a variety of factual situations. There is also a comparative report which summarizes the most important elements identified by the country reports and identifies the existing common ground. This volume provides the legal scholar And The practitioner with a wealth of information and insights on a complex and controversial area of law in an accessible form. Principles of European Tort Law Series 9
Release

Unification of Tort Law

Fault

Author: W. H. van Boom

Publisher: Kluwer Law International B.V.

ISBN: 904112098X

Category: Law

Page: 391

View: 2956

DOWNLOAD NOW »

Covers various European countries, Israel, South Africa, and the United States.
Release

Reforming the French Law of Obligations

Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription ('the Avant-projet Catala')

Author: John Cartwright,Stefan Vogenauer,Simon Whittaker

Publisher: Bloomsbury Publishing

ISBN: 184731502X

Category: Law

Page: 950

View: 7469

DOWNLOAD NOW »

The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Release

The Europeanisation of English Tort Law

Author: Paula Giliker

Publisher: Bloomsbury Publishing

ISBN: 1782253793

Category: Law

Page: 262

View: 3033

DOWNLOAD NOW »

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?
Release

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

Author: Martijn Hesselink

Publisher: Kluwer Law International B.V.

ISBN: 9041119620

Category: Law

Page: 283

View: 2687

DOWNLOAD NOW »

In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Release

A Factual Assessment of the Draft Common Frame of Reference

Author: Luisa Anatoniolli,Francesca Fiorentini

Publisher: Walter de Gruyter

ISBN: 3866538693

Category: Law

Page: 494

View: 5004

DOWNLOAD NOW »

This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
Release

The Borderlines of Tort Law

Interactions with Contract Law

Author: Miquel Martin-Casals

Publisher: N.A

ISBN: 9781780682488

Category:

Page: 500

View: 745

DOWNLOAD NOW »

All European legal systems recognize a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid, or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact, the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability, and whether defenses and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. The book also analyzes to what extent actions in tort and in contract exclude each other, and, when this is the case, how their concurrence is organized. Lastly, it devotes attention to specific situations, such as pre-contractual liability and the liability of professionals. (Series: Principles of European Tort Law - Vol. 2) [Subject: European Law, Tort Law, Contract Law]
Release