Non Contractual Liability Arising Out Of Damage Caused To Another
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Non Contractual Liability Arising Out Of Damage Caused To Another
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Author : Christian von Bar
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Non Contractual Liability Arising Out Of Damage Caused To Another written by Christian von Bar and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. 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 book 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 also provides a fairly detailed indication of the present legal situation in the Member States.
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts
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Author : Marta Santos Silva
language : en
Publisher: Springer
Release Date : 2017-07-03
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts written by Marta Santos Silva and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
Germany Greece Lithuania Hungary
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Author : Wolfgang Faber
language : en
Publisher: Walter de Gruyter
Release Date : 2011-02-28
Germany Greece Lithuania Hungary written by Wolfgang Faber 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 2011-02-28 with Law categories.
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This third volume of the series presents "up-to-date" national reports of - Germany - Greece - Lithuania - Hungary
Research Handbook On Eu Tort Law
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Author : Paula Giliker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-10-27
Research Handbook On Eu Tort Law written by Paula Giliker 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 2017-10-27 with Law categories.
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
European Private Law Current Status And Perspectives
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Author : Reiner Schulze
language : en
Publisher: Walter de Gruyter
Release Date : 2011-03-30
European Private Law Current Status And Perspectives written by Reiner Schulze 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 2011-03-30 with Law categories.
Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.
A Factual Assessment Of The Draft Common Frame Of Reference
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Author : Luisa Anatoniolli
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
A Factual Assessment Of The Draft Common Frame Of Reference written by Luisa Anatoniolli 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 2010-12-23 with Law categories.
This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
Civil Liability For Damage Caused By Global Navigation Satellite System
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Author : Dejian Kong
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-24
Civil Liability For Damage Caused By Global Navigation Satellite System written by Dejian Kong 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 2019-05-24 with Law categories.
It has come to pass that national security, economic growth, and transportation safety – not to mention such infrastructure as banking and electricity – are severely dependent on the positioning information, navigation capabilities, and time dissemination provided by Global Navigation Satellite System (GNSS). However, GNSS is not risk-free. The more humanity depends on GNSS, the more risks it has to face. It is irresponsible to wait for an accident to happen merely to justify the need for an appropriate GNSS civil liability regime. This hugely important book examines the structure of such a regime in unprecedented depth and proposes a uniform governance structure composed of an institutional framework and a legal system for GNSS, with safety-of-life signals at its core. Exploring whether the current international law (including air law and space law conventions) is adequate to deal with the issue of civil liability in the context of GNSS, the author confronts and responds to such crucial issues as the following: ensuring that parties suffering damage caused by GNSS get fair, prompt, and adequate compensation; balancing the interests of the GNSS industry in order for it to maintain its sustainable development; identifying legal gaps arising in the GNSS context and how we should move forward; determining which parts of the value chain of GNSS may qualify as origins of damage; and construing GNSS civil liability mainly from contractual, product, and general tort liability perspectives. The author assesses various solutions for GNSS civil liability based on their feasibility, including an institutional defence against the doctrine of sovereign immunity and recommendations on how several international organisations can work together in this endeavour. He examines scholarships, travaux préparatoires, conference documents, and treaties, as well as national legislation. A hypothetical case where damage is caused by GNSS is elaborated, illustrating each legal relationship and causal link. In its committed urging of GNSS signal providers to improve the stability of the satellite navigation systems and its insightful recommendations on how to promote public safety, this book offers a roadmap indicating a truly viable international regime of GNSS civil liability. Relevant international organisations and States, as well as practitioners, are sure to respond positively to its unique and important analysis.
Compensation Of Private Losses
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Author : Reiner Schulze
language : en
Publisher: Walter de Gruyter
Release Date : 2011-08-29
Compensation Of Private Losses written by Reiner Schulze 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 2011-08-29 with Law categories.
Tort law is one of the core areas of European private law, in particular in the field of business law. However, it often receives less attention than the well-known and widely published developments in the field of European contract law. In order to direct more attention to this important subject, an intensive Round Table discussion on the subject of the evolution of torts in European business law was held. The contributions to this volume reflect the results of the research undertaken by renowned European scholars and practitioners on central aspects such as competition law, company law and intellectual property. Each contribution particularly focuses upon the overarching tendencies and principles within the individual aspect of tort law, thereby directing attention to the future at European level of this essential area of private law. Readership: Lawyers, academics, legal departments, judges, legal professionals concerned with torts in European business law.
Blackstone S Statutes On Contract Tort And Restitution
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Author : Francis Rose
language : en
Publisher: Oxford University Press
Release Date : 2023
Blackstone S Statutes On Contract Tort And Restitution written by Francis Rose 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 2023 with Law categories.
Blackstone's Statutes on Contract, Tort & Restitution is edited and designed to help you succeed in your law studies. With a reputation for accuracy and authority spanning over 30 years, Blackstone's Statutes remain first-choice for students and lecturers, providing a careful selection of updated legislation needed for exam/course use.
Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar (jurist)
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Principles Definitions And Model Rules Of European Private Law written by Christian von Bar (jurist) and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.