European Perspectives On Producers Liability


European Perspectives On Producers Liability
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European Perspectives On Producers Liability


European Perspectives On Producers Liability
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Author : Martin Ebers
language : en
Publisher: Walter de Gruyter
Release Date : 2009-10-16

European Perspectives On Producers Liability written by Martin Ebers 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 2009-10-16 with Law categories.


A growing number of countries recognise a direct producers' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers' liability for a long time. Will there be new responsibilities for producers in the future? This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer's remedies for non-conforming goods and the final seller's right of redress. A comparative report informs about the different models of producers' liability and their impact on the internal market. Beneficial for practitioners working in the field of consumer contract law and sale of goods law.



Compulsory Liability Insurance From A European Perspective


Compulsory Liability Insurance From A European Perspective
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Author : Attila Fenyves
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2016-09-26

Compulsory Liability Insurance From A European Perspective written by Attila Fenyves and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-26 with Law categories.


Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: the aims of provisions stating an obligation to take out liability insurance the mandatory content of insurance cover the protection mechanisms linked to compulsory liability insurance the control mechanisms and the sanctions imposed structural deficiencies of existing compulsory liability insurance systems



Product Liability Law In Transition


Product Liability Law In Transition
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Author : Magdalena Tulibacka
language : en
Publisher: Routledge
Release Date : 2016-04-08

Product Liability Law In Transition written by Magdalena Tulibacka and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.


This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.



Compulsory Liability Insurance From A European Perspective


Compulsory Liability Insurance From A European Perspective
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Author : Attila Fenyves
language : en
Publisher:
Release Date : 2016

Compulsory Liability Insurance From A European Perspective written by Attila Fenyves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with LAW categories.


Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular: – the aims of provisions stating an obligation to take out liability insurance – the mandatory content of insurance cover – the protection mechanisms linked to compulsory liability insurance – the control mechanisms and the sanctions imposed – structural deficiencies of existing compulsory liability insurance systems.



Consumer Sales Guarantees In The European Union


Consumer Sales Guarantees In The European Union
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Author : Aneta Wiewiórowska-Domagalska
language : en
Publisher: Walter de Gruyter
Release Date : 2012-10-30

Consumer Sales Guarantees In The European Union written by Aneta Wiewiórowska-Domagalska 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 2012-10-30 with Law categories.


Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.



Common Law And Civil Law Perspectives On Tort 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.



Product Liability


Product Liability
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Author : Helmut Koziol
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2017-11-07

Product Liability written by Helmut Koziol and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-07 with Law categories.


Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.



Rethinking Eu Consumer Law


Rethinking Eu Consumer Law
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Author : Geraint Howells
language : en
Publisher: Routledge
Release Date : 2017-07-28

Rethinking Eu Consumer Law written by Geraint Howells and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.


In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.



Rome Regulations


Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-10

Rome Regulations written by Gralf-Peter Calliess 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 2020-08-10 with Law categories.


The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.



Product Liability


Product Liability
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Author : Duncan Fairgrieve
language : en
Publisher: Oxford University Press
Release Date : 2020-05-20

Product Liability written by Duncan Fairgrieve 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 2020-05-20 with Law categories.


Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.