Die Rechtsprechung Des Bundesverfassungsgerichts Zur Eigentumsgarantie Und Ihre Auswirkungen Auf Die Staatshaftung F R Legislatives Unrecht
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Die Rechtsprechung Des Bundesverfassungsgerichts Zur Eigentumsgarantie Und Ihre Auswirkungen Auf Die Staatshaftung F R Legislatives Unrecht
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Author : Christian Wunderlich
language : de
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 1994
Die Rechtsprechung Des Bundesverfassungsgerichts Zur Eigentumsgarantie Und Ihre Auswirkungen Auf Die Staatshaftung F R Legislatives Unrecht written by Christian Wunderlich and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Eminent domain categories.
Der Rechtsprechung des Bundesverfassungsgerichts zu Art. 14 GG liegt ein in sich geschlossenes System zu Grunde. Enteignungs(ermachtigungs)gesetze sind von Inhalts- und Schrankenbestimmungen eindeutig abgrenzbar, folglich auch Enteignungen von Massnahmen, die eine generell bestehende Pflichtigkeit aktualisieren. Damit ist die Junktimklausel erfullbar. Die Frage Enteignung oder nicht verliert an Bedeutung, in den Vordergrund tritt die Frage nach der Rechtmassigkeit einer Massnahme, bzw. der Verfassungsmassigkeit eines Gesetzes. Aus dem Amtshaftungsanspruch und der Eigentumsunrechtshaftung lassen sich Schadensersatz- bzw. Entschadigungsanspruche wegen legislativen Unrechts ableiten. Das Haftungsrisiko des Staates ist durch den Vorrang des Primarrechtsschutzes beschrankt."
State Liability In Tort
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Author : Duncan Fairgrieve
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
State Liability In Tort written by Duncan Fairgrieve and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Language Arts & Disciplines categories.
This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
Research Handbook On Intellectual Property And Competition Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Research Handbook On Intellectual Property And Competition Law written by Josef Drexl 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 2010-01-01 with Law categories.
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
The Political Thought Of Baldus De Ubaldis
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Author : Joseph Canning
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-17
The Political Thought Of Baldus De Ubaldis written by Joseph Canning 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 2003-07-17 with History categories.
A full-scale study of the political thought of the Italian jurist, Baldus de Ubaldis (1327-1400).
The Prince And The Law 1200 1600
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Author : Kenneth Pennington
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
The Prince And The Law 1200 1600 written by Kenneth Pennington and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-22 with History categories.
The power of the prince versus the rights of his subjects is one of the basic struggles in the history of law and government. In this masterful history of monarchy, conceptions of law, and due process, Kenneth Pennington addresses that struggle and opens an entirely new vista in the study of Western legal tradition. Pennington investigates legal interpretations of the monarch's power from the twelfth to the seventeenth century. Then, tracing the evolution of defendants' rights, he demonstrates that the origins of due process are not rooted in English common law as is generally assumed. It was not a sturdy Anglo-Saxon, but, most probably, a French jurist of the late thirteenth century who wrote, "A man is innocent until proven guilty." This is the first book to examine in detail the origins of our concept of due process. It also reveals a fascinating paradox: while a theory of individual rights was evolving, so, too, was the concept of the prince's "absolute power." Pennington illuminates this paradox with a clarity that will greatly interest students of political theory as well as legal historians.
Unification Of Tort Law
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Author : Francesco Donato Busnelli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Unification Of Tort Law written by Francesco Donato Busnelli 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 2003-01-01 with Law categories.
Covers various European countries, Israel, South Africa, and the United States.
Monitoring Fundamental Rights In The Eu
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Author : Philip Alston
language : en
Publisher: Hart Publishing
Release Date : 2005-02
Monitoring Fundamental Rights In The Eu written by Philip Alston and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02 with Law categories.
The first book to examine the creation and function of the EU Fundamental Rights Agency.
Before Eminent Domain
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Author : Susan Reynolds
language : en
Publisher: Univ of North Carolina Press
Release Date : 2010
Before Eminent Domain written by Susan Reynolds and has been published by Univ of North Carolina Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the in
Moral Essays
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Author : Lucius Annaeus Seneca
language : en
Publisher:
Release Date : 2003
Moral Essays written by Lucius Annaeus Seneca and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conduct of life categories.
In Moral Essays, Seneca (c. 4-65 CE) expresses his Stoic philosophy on providence, steadfastness, anger, forgiveness, consolation, the happy life, leisure, tranquility, the brevity of life, and gift-giving. Seneca, Lucius Annaeus, born at Corduba (Cordova) circa 4 BCE, of a prominent and wealthy family, spent an ailing childhood and youth at Rome in an aunt's care. He became famous in rhetoric, philosophy, money-making, and imperial service. After some disgrace during Claudius' reign he became tutor and then, in 54 CE, advising minister to Nero, some of whose worst misdeeds he did not prevent. Involved (innocently?) in a conspiracy, he killed himself by order in 65. Wealthy, he preached indifference to wealth; evader of pain and death, he preached scorn of both; and there were other contrasts between practice and principle. We have Seneca's philosophical or moral essays (ten of them traditionally called Dialogues)-on providence, steadfastness, the happy life, anger, leisure, tranquility, the brevity of life, gift-giving, forgiveness- and treatises on natural phenomena. Also extant are 124 epistles, in which he writes in a relaxed style about moral and ethical questions, relating them to personal experiences; a skit on the official deification of Claudius, Apocolocyntosis (in Loeb number 15); and nine rhetorical tragedies on ancient Greek themes. Many epistles and all his speeches are lost. His moral essays are collected in Volumes I-III of the Loeb Classical Library's ten-volume edition of Seneca.
Foundations In Europe
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Author : Helmut K. Anheier
language : en
Publisher:
Release Date : 2001
Foundations In Europe written by Helmut K. Anheier and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Foundations categories.