630a 630h
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Markesinis S German Law Of Torts
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Author : Basil S Markesinis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-03
Markesinis S German Law Of Torts written by Basil S Markesinis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.
Tort Law In Germany
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Author : Oliver Rieckers
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-12-18
Tort Law In Germany written by Oliver Rieckers and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-18 with Law categories.
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 Germany. 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 in Germany. 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.
Justice Over The Course Of Life
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Author : Björn Schmitz-Luhn
language : en
Publisher: Springer Nature
Release Date : 2022-02-01
Justice Over The Course Of Life written by Björn Schmitz-Luhn and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-01 with Law categories.
In this interdisciplinary book, experts from philosophy, medicine, law, psychology, economics, and social sciences address questions and develop solutions for a well-designed society of long life. Young as well as old people have to actively shape more and more of their life span. At the same time, aging becomes more multifaceted: the individual view on one’s own life course is changing, and the needs and demands for a fulfilled life are diversifying. The implications affect all spheres of life – from education and workplace to health care and the culture of interaction. They require content-related and structural adjustments for a diverse society of longevity in which multiple generations live alongside each other. But how can change be managed responsibly, how can individual and collective responsibility be distributed appropriately, and how can a sustainable and fair social future be ensured?
Medical Malpractice Legislation
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Author : Carlo Maria Masieri
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-08
Medical Malpractice Legislation written by Carlo Maria Masieri and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-08 with Law categories.
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.
Tort Law In Germany
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Author : Gerald Spindler
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-01-23
Tort Law In Germany written by Gerald Spindler and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-23 with Law categories.
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 Germany. 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 in Germany. 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. The Authors List of Abbreviations General Introducti
Parliamentary Papers
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Author : Great Britain. Parliament. House of Commons
language : en
Publisher:
Release Date : 1895
Parliamentary Papers written by Great Britain. Parliament. House of Commons and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with Great Britain categories.
Der Behandlungsvertrag Nach 630a H Bgb
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Author : Erik Hahn
language : de
Publisher: Kohlhammer Verlag
Release Date : 2024-07-17
Der Behandlungsvertrag Nach 630a H Bgb written by Erik Hahn and has been published by Kohlhammer Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-17 with Law categories.
Dieses Werk erläutert in systematischer Darstellung die rechtlichen Grundsätze des Behandlungsvertrages. Dabei werden u.a. die folgenden Themengebiete behandelt: Vertragspartner und Wesen des Behandlungsvertrages, öffentlich-rechtliche Sonderverhältnisse, Vertragsschluss, Behandlung, Dokumentation, Haftung und Beweislast sowie die ärztlichen und patientenseitigen Pflichten. Materien wie das IPR des Behandlungsvertrages, Sonderbereiche spezieller Behandlungsformen sowie die ärztliche Schweigepflicht in der Arztpraxis und im Krankenhaus bilden weitere Schwerpunkte. Die mit Fragen des Patientenrechtegesetzes und der Arzthaftung befassten Rechtsanwälte, Richter, Krankenhausträger und -verwaltungen, die Mitarbeiter von gesetzlichen und privaten Krankenversicherungen ebenso wie Ärzte oder Studenten der Rechtswissenschaft oder Medizin finden, so wie Pflegepersonal oder Patienten, alle wichtigen rechtlichen Bereiche erläutert. Das Werk eignet sich daher zur Einarbeitung in die behandelten Themen sowie als Nachschlagewerk zur konkreten Beantwortung von Einzelfragen und schließlich als Ausbildungslektüre für den Schwerpunkt an der Universität, den Fachanwaltslehrgang Medizinrecht oder die Pflegeberufe. Auf dem Stand 2024 bietet das Handbuch eine grundlegende Darstellung sämtlicher medizinrechtlicher Fragestellungen. Herr Professor Bernd-Rüdiger Kern ist emeritierter Professor für Zivilrecht an der Universität Leipzig und Begründer sowie langjähriger wissenschaftlicher Leiter des LL.M. Studienganges Medizinrecht an der Dresden International University. Er ist als einer der führenden Begründer des Medizinrechts durch zahlreiche Publikationen auf diesem Gebiet ausgewiesen und anerkannt und führt gemeinsam mit den zahlreichen weiteren praxiserfahrenen, spezialisierten und namhaften Autoren dieses Werk konkret als Praktikerhandbuch ein.
Compensation Schemes For Damages Caused By Healthcare And Alternatives To Court Proceedings
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Author : Dobrochna Bach-Golecka
language : en
Publisher: Springer Nature
Release Date : 2021-05-16
Compensation Schemes For Damages Caused By Healthcare And Alternatives To Court Proceedings written by Dobrochna Bach-Golecka and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-16 with Law categories.
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Common Law And Civil Law Perspectives On Tort Law
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Author : Mauro Bussani
language : en
Publisher: Oxford University Press
Release Date : 2022
Common Law And Civil Law Perspectives On Tort Law written by Mauro Bussani and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Medical Law In Germany
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Author : Jens Prütting
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-12-20
Medical Law In Germany written by Jens Prütting and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Germany. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Germany will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.
