Download or read book Damages for non pecuniary loss in a comparative perspective written by Ewa Bagińska and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Damages for Non Pecuniary Loss in a Comparative Perspective written by W.V. Horton Rogers and published by Springer. This book was released on 2001-10-12 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damagesfornon-pecuniarylossarethesubjectofwidespreadinterestinEu rope. TheywerechosenasoneoftheinitialprojectsoftheCentreforTortand InsuranceLaw,Vienna. TheCentreisbynomeansthefirstinthefieldinexam l iningthistopic butourexercisehassoughttoplacetheprobleminthebroader frameworkofthevariouslegalsystemsandtogobeyondtheusualcontextof personalinjurybyaccident. Thecomparativereportismainlybaseduponin formation suppliedbycolleagues in 10Europeancountries. Theworking methodwasaquestionnaireissuedinthesummerof1999,onthebasisofwhich thereweretendetailedcountryreportswhicharepublishedinthisvolume. However,informationhasalsobeenincludedfromPortugal,SouthAfrica,Swe den,theUnitedStatesandIsrael. TheIsraelireportisalsopublishedinanap pendixinthisvolume. Colleaguesfromthosecountriessuppliedmaterialdur ing anexercisein 1999bytheEuropeanGrouponTortLawonthelawof damagesingeneral,directedbyProfessorUlrichMagnus(reportforthcoming). ApreliminarycomparativereportwasmadetoameetinginMunichon28and 29April2000attendedbypersonswhohadsuppliedcountryreports,other membersoftheEuropeanGrouponTortLawandbyrepresentativesofMunich Reinsurance,whohavesupportedtheCentreandshownacloseinterestinthis project. Adraftfinal reportwaspresentedatasymposiuminMunichon 13 October2000hostedbyMunichReandattendedbylawyersandinsurersfrom awiderangeofEuropeancountries. Dr. StefanHeydofMunichReandProfes sorPierreTercieroftheUniversityofFribourgalsoaddressedthesymposium andtheircontributionsareincludedinthisvolume(seeXlIIandAppendix2). Thefinalcomparativereportowesmuchtothediscussionsatboththemeet ingsinMunich. Finally,weexpressourgratitudeforthemostvaluablehelpof Dr. SabineGantner,DonnaStockenhuberM. AandDr. FriedrichPoppinprepar ingthemanuscriptforthepublisher. 2 W. V. H. Rogers,December2000 I See inparticularthebooksofPfennigstorfandofMcIntoshandHolmes on personal injurydamages inEurope andthe workfor theEuropeanParliamentoftheGroupco ordinatedbyProf. BusnelliofPisa(who has contributed to this volume). 2 Thelaw moves on. Sincethematerialwas submittedfor presstherehavebeen "expansive"movements in England on privacyandexemplary damages. No doubt othersystemshavealsoseenchanges. Butlawbooksareinevitablysnapshots. TableofContents WelcomeSpeechfromthe"DamagesforNon-PecuniaryLossinEurope" Meeting(S. Heyd) XIII Questionnaire. . . . . . •. . . . . . •. . •. . . . •. . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . •. . . . •. . •. . . . •. ••. . . . . . . . . . . . •. . •. . . ••. . •. . . . •. . . . . . . XV ListofContributors. . . . . . . . . . . . . . . . . . . . . •. . ••. . . . . . . . . . . . . . . . . . . . . . . . . . •. . . •. . . . ••. . . . . . . •. . . . •. . . . •. . . . . . . •. . . . . . . XX CountryReports. . •. . . . . . . . . . . . . . . . . . . . . . . . •••. . •. . . . . . . . . . . •. ••••. •. . . . ••. •. . . . •. . . . . . . . . . . . . . . . . . . . . •. . . •. . . . . . . . . •. . •. . 1 Austria(E. KarnerandH. Koziol)••••••••••••. ••••••••••••••••••••. •••••••••••••••••••••••••••••••••••••••1 I. General. . . . . . . . . . . . . . •. . . . •. . . . . •. . . . . . . •. . . . . . . . . . •••. . . . . . . . . •. . . . . . . . ••. •. . . . . •. . . . •. . . . . . . . . . . . •. . . . . •. . . . . . . . . 1 II. PersonalInjuryandDeath. . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . . . . . . . •. . . . . . . . . . •. . . . •. . . . . . . . . . . . . •. . . . •. . 4 General 4 SpecificCases c••••••••••••••••••••••••14 Refonn 15 III. Non-PersonalInjuryCases. . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . •. . •. . . . . . . 16 General 16 SpecificCases 24 Belgium(H. CousyandD. Droshout) 28 I. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . •. . . . . . . . . . •. . . . . . . •. . . . . . . . . . . . . . . . 28 II. PersonalInjuryandDeath. . . . . . . •. . . . . . . . . . . . . . . . . . •. . . . . . . •. . . . . . . . •. . . . ••. . . . . . •. . . . . . . . •. . . . . . . 33 General 33 SpecificCases 44 Refonn 48 III. Non-PersonalInjuryCases. . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . 48 General 48 SpecificCases 52 England(W V. H. Rogers)•. ••••••••. . •. •. . ••••••••. ••••••••••. •••••••••••. . •••••. •••••••••••••••••••••••••••54 I. General. . . . . . . . . . . •. . . . . . . . . . . . . . . . . . •. . •. . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . ••. . . . . . 54 II.

Download or read book A Company s Right to Damages for Non Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.

Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

Download or read book The Recovery of Non Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

Download or read book Essays in Honour of Jaap Spier written by Helmut Koziol and published by . This book was released on 2016 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Company s Right to Damages for Non Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Download or read book Comparative Tort Law written by Mauro Bussani and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.

Download or read book Civil Liability for Bunker Oil Pollution Damage written by Dan Malika Gunasekera and published by Peter Lang. This book was released on 2010 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the liability conventions brought into existence by the International Maritime Organization and concentrates on the newly adopted instrument dealing with bunker oil pollution as an area of great concern for every stakeholder involved in shipping business. The work covers a wide spectrum ranging from the Convention itself to its scope of application, liable and aggrieved parties, jurisdiction, requirements of liability and admissibility of claims, defences and exoneration from liability. It addresses many areas of interest and of importance to international and national legal advisors, lawyers, law students and anyone interested in the relevant field such as shipowners, charterers, shipbrokers, ship personnel and associated contractors and sub-contractors.

Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Download or read book Elgar Encyclopedia of Comparative Law written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2006 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very important and immense book. . . Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws. The Criminal Lawyer This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. Sally Ramage, The Criminal Lawyer The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law. The Commonwealth Lawyer The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. . . Any law library, business library, large public library, or academic library supporting the study of international law or international business will want to have [it] in its collection. . . This work is highly recommended. Ladyjane Hickey, American Reference Books Annual Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations. . . This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers. J.E. Stephens, Choice The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price. Stuart Hannabuss, Reference Reviews The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the comparative state of affairs in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from accident compensation to unjustified enrichment with mistake , personality rights , product liability and transfer of moveable property only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited. David L. Carey Miller, University of Aberdeen, UK Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her o

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Download or read book Compulsory Liability Insurance from a European Perspective written by Attila Fenyves and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Reparations and Victim Support in the International Criminal Court written by Conor McCarthy and published by Cambridge University Press. This book was released on 2012-04-12 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ICC's regime of victim redress, including both its reparations regime and the work of the ICC Trust Fund.

Download or read book Personal Injury and Wrongful Death Damages Calculations written by John O. Ward and published by Emerald Group Publishing. This book was released on 2009-10-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.