Unification of Tort Law:Strict Liability

Author: Bernhard Koch,Giovanni Comandé,Francesco Donato Busnelli

Publisher: Springer

ISBN: N.A

Category: Law

Page: 444

View: 5236

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The foundations of tort law in European legal systems differ considerably. A group of tort law experts, the "European Group on Tort Law", systematically researches the most fundamental questions underlying the various tort law systems. Their work is contained in this series of books, which seeks a common law of Europe without the need to lay these principles down in formal legal texts, such as a European civil code.
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Unification of Tort Law

Multiple Tortfeasors

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

Publisher: Kluwer Law International B.V.

ISBN: 9789041123190

Category: Law

Page: 313

View: 7636

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Covers various European countries, Israel, South Africa, and the United States.
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Unification of Tort Law

Fault

Author: W. H. van Boom

Publisher: Kluwer Law International B.V.

ISBN: 904112098X

Category: Law

Page: 391

View: 4707

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Covers various European countries, Israel, South Africa, and the United States.
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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: 6084

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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.
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The Europeanisation of English Tort Law

Author: Paula Giliker

Publisher: Bloomsbury Publishing

ISBN: 1782253793

Category: Law

Page: 262

View: 9887

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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?
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Research Handbook on EU Tort Law

Author: Paula Giliker

Publisher: Edward Elgar Publishing

ISBN: 178536572X

Category:

Page: N.A

View: 3981

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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.
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The Borderlines of Tort Law

Interactions with Contract Law

Author: Miquel Martin-Casals

Publisher: N.A

ISBN: 9781780682488

Category:

Page: 500

View: 2076

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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]
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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: 9884

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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.
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