Jurisprudence Et Doctrine Dans L Laboration Du Droit De La Responsabilit Administrative
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Jurisprudence Et Doctrine Dans L Laboration Du Droit De La Responsabilit Administrative
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Author : Maryse Deguergue
language : fr
Publisher:
Release Date : 1991
Jurisprudence Et Doctrine Dans L Laboration Du Droit De La Responsabilit Administrative written by Maryse Deguergue and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Jurisprudence Et Doctrine Dans L Laboration Du Droit De La Responsabilit Administrative
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Author : Maryse Deguergue
language : fr
Publisher: LGDJ
Release Date : 1994
Jurisprudence Et Doctrine Dans L Laboration Du Droit De La Responsabilit Administrative written by Maryse Deguergue and has been published by LGDJ this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
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Author :
language : en
Publisher: Odile Jacob
Release Date :
written by and has been published by Odile Jacob this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Justifying Strict Liability
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Author : Marco Cappelletti
language : en
Publisher: Oxford University Press
Release Date : 2022-06-23
Justifying Strict Liability written by Marco Cappelletti 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 2022-06-23 with categories.
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Judiciaries Within Europe
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Author : John Bell
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-10
Judiciaries Within Europe written by John Bell 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 2006-08-10 with Law categories.
An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.
French Civil Liability In Comparative Perspective
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Author : Jean-Sébastien Borghetti
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-26
French Civil Liability In Comparative Perspective written by Jean-Sébastien Borghetti and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.
The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
International Trade Disputes And Eu Liability
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Author : Anne Thies
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18
International Trade Disputes And Eu Liability written by Anne Thies 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 2013-04-18 with Law categories.
The European Union has become the respondent of several international trade disputes. This book examines the right to compensation for damage resulting from retaliatory measures imposed under the system of the World Trade Organization in disputes triggered by the EU. Anne Thies evaluates the implications of the EU's membership in the WTO for its domestic system of rights and judicial protection. Emphasising the necessity of maintaining EU standards of protection independently of the external dimension of EU action, the book offers suggestions on how the current gap of protection could be filled while upholding the scope for manoeuvre of the EU institutions on the international plane. In addition, it places the issue in its broader context of the relationship between international law and EU law on the one hand, and the discretion of the EU as a global actor and standards of individual rights protection under EU law on the other.
Jurists And Judges
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Author : Neil Duxbury
language : en
Publisher: Hart Publishing
Release Date : 2001-03
Jurists And Judges written by Neil Duxbury and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03 with Law categories.
Jurists and Judges examines the nature of academic influence,and particularly the influence of juristic commentary on judicial decision-making. Focusing on three legal systems, its author argues that inter-jurisdictional comparisons of juristic influence are often simplistic and inattentive to problems of incommensurability. The centrepiece of the study is a detailed chapter offering a nuanced history of juristic influence in England. All academic lawyers who reflect upon the history and objectives of their profession - who, in other words, wonder what it is that they are about - will profit from reading this most informative and engaging book.
Judicial Review In International Perspective
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Author : Gordon Slynn Baron Slynn of Hadley
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01
Judicial Review In International Perspective written by Gordon Slynn Baron Slynn of Hadley 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 2000-01-01 with Law categories.
Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.
Tort Law In France
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Author : Jonas Knetsch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-20
Tort Law In France written by Jonas Knetsch 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 2021-08-20 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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.