Chance Und Schaden
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Chance Und Schaden
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Author : Gerald Mäsch
language : de
Publisher: Mohr Siebeck
Release Date : 2004
Chance Und Schaden written by Gerald Mäsch and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Chance categories.
Macht ein Dienstleister im Rahmen der ihm übertragenen Aufgabe einen Fehler, ist nicht selten unaufklärbar, ob ein in der Folge von seinem Vertragspartner erlittener Schaden ursächlich mit diesem verknüpft ist - vielleicht wäre der Prozeß oder der Kampf gegen die Krankheit auch ohne den Fehler des Anwalts oder Arztes verloren gewesen. Verlangt der Vertragspartner Schadenersatz, kommt es in Deutschland zu einer "Alles-oder-nichts"-Lösung: Er gewinnt oder verliert voll, je nachdem, ob die Beweislast für die Kausalität ihm oder seinem Gegner aufgebürdet wird. Unter Berücksichtigung der Diskussion in anderen Ländern entwickelt Gerald Mäsch ein einheitliches materielles Gegenkonzept der Haftung bereits für den Verlust der Chance auf ein besseres Ergebnis und entfaltet es in seinen Einzelheiten.
Comparative Tort Law
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Author : Thomas Kadner Kadner-Graziano
language : en
Publisher: Routledge
Release Date : 2018-03-20
Comparative Tort Law written by Thomas Kadner Kadner-Graziano and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Law categories.
Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.
Modernising Civil Liability Law In Europe China Brazil And Russia
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Author : Gert Brüggemeier
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-19
Modernising Civil Liability Law In Europe China Brazil And Russia written by Gert Brüggemeier and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-19 with Law categories.
Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
Narratives Of Risk Narrative Des Risikos
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Author : Karen Patrick Knutsen
language : en
Publisher: Waxmann Verlag
Release Date : 2012
Narratives Of Risk Narrative Des Risikos written by Karen Patrick Knutsen and has been published by Waxmann Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Narratives of Risk: Interdisciplinary Studies is the result of an international project involving authors from institutions of higher education in Denmark, Greece, Malta and Norway. Twenty-one contributions, partly in German and partly in English, discuss stories of risk circulating within different fields of research: linguistics, translation studies, comparative literature, rhetoric, education, theology, psychology, sociology and political science. The concept of risk is multi-faceted. As these articles illustrate, stories can be about risk, but they can also be risky in themselves. For example, a technical manual can help people avoid dangerous situations; however, a faulty translation can lead to injury or even death. Likewise, a novel for young adults can persuade them to avoid risky behavior, while another may actually encourage them to take chances. Narrative des Risikos. Interdisziplinäre Beiträge ist das Ergebnis einer Kooperation von Wissenschaftlern aus Dänemark, Griechenland, Malta und Norwegen. Der Band thematisiert Erzählungen über Risiken, aber auch Erzählungen, die ein Risiko in sich bergen. Beispielsweise können Gebrauchsanleitungen und ihre Übersetzung eine Hilfe für die Benutzer von technischen Geräten, aber auch eine Bedrohung für Leben und Gesundheit sein. Ebenso können Jugendromane vor riskantem Verhalten warnen, aber auch dazu verleiten. Die in diesem Band versammelten Beiträge, teils in englischer, teils in deutscher Sprache, entstammen verschiedenen Fachgebieten wie Literaturwissenschaft, Linguistik, Rhetorik, Erziehungswissenschaft, Theologie, Psychologie, Soziologie und Politikwissenschaft.
The Common Frame Of Reference A View From Law Economics
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Author : Gerhard Wagner
language : en
Publisher: Walter de Gruyter
Release Date : 2009-08-17
The Common Frame Of Reference A View From Law Economics written by Gerhard Wagner and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-17 with Law categories.
Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate. A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict.
Comparative Contract Law Second Edition
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Author : Thomas Kadner Graziano
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Comparative Contract Law Second Edition written by Thomas Kadner Graziano and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with LAW categories.
Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.
Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-12
Commentaries On European Contract Laws written by Nils Jansen 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 2018-07-12 with Law categories.
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Essential Cases On Damage
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Author : Benedict Winiger
language : en
Publisher: Walter de Gruyter
Release Date : 2011-11-30
Essential Cases On Damage written by Benedict Winiger and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-30 with Law categories.
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Non Contractual Liability Arising Out Of Damage Caused To Another
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Author : Christian von Bar
language : en
Publisher: Walter de Gruyter
Release Date : 2009-08-17
Non Contractual Liability Arising Out Of Damage Caused To Another written by Christian von Bar and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-17 with Law categories.
"Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Post Award Issues Asa Special Series No 38
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Author : Pierre Tercier
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-01-01
Post Award Issues Asa Special Series No 38 written by Pierre Tercier and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with International commercial arbitration categories.
The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.
