Download or read book Tort Law in Spain written by Sergio Nasarre-Aznar and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the Spain. 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. 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 Spain. 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.
Download or read book Sports Law in Spain written by Juan de Dios Crespo Pérez and published by Kluwer Law International. This book was released on 2019-06-12 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Spain deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Download or read book Tort and Regulatory Law written by Willem H. van Boom and published by Springer. This book was released on 2011-10-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here is a systematic analysis of the interaction of administrative law and tort law. The focus is mainly on safety regulations and provisions aimed at environmental protection. There are reports from the European Union, Norway, Switzerland and the USA, as well as three special reports from the perspectives of administrative and regulatory law and of insurance. An economic analysis is included. The results are summarized in a comparative report, followed by conclusions.
Download or read book Damages Claims for Breach of Competition Law in Spain written by Fernando Cachafeiro and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyses current case law on antitrust damages claims in Spain. It compares existing national rules with draft rules enacted by the European Commission. The study of Spanish jurisprudence shows that there is substantial agreement on a number of relevant issues, such as the effects of final decisions by the national competition authority; the right to full compensation which includes actual loss and loss of profit; the availability of and requirements for the passing-on defence; the dates that determine the start of the limitation periods; or consumer associations' standing to sue. There are also major discrepancies: there is no rebuttable presumption of damages in cartel cases; some inconsistencies in determining the value of the loss of profit may arise; interest is paid from the date of the claim; joint and several liability is difficult to find; and the limitation period is one year, among others. The alignment of Spanish Tort Law with the European Commission proposals can be accomplished by the mere action of Spanish courts when given the opportunity to resolve damages claims for the breach of Competition Law. The Ebro Foods judgement, where the Supreme Court substantially endorsed the European Commission's doctrine on the passing-on defence, is a good example of this way of thinking. On other occasions, however, Spanish particularities have a solid legal base and thus significant legal amendments will be required.
Download or read book European Legal Development written by John Bell and published by Cambridge University Press. This book was released on 2014-07-31 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.
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 Unrestrained Liability for Pure Economic Loss in the United States and Spain written by Sulaiman Abdussamad and published by . This book was released on 2016 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, the problem of pure economic loss together with its presumptive non-recovery 'bright line' rule have continued to lead discussions on the boundaries of tort law, which is never closed. Perhaps nowhere else in the law of tort has there been such diversity of opinion than in the recoverability question of pure economic loss. Arguably, the most discussed and expanding rule in the realm of tort law today. This study, however, examines the notion of economic loss across two different systems, the tort laws of United States and Spain. It begins with how pure economic loss relates to contract. Why physical loss does enjoy more protection than economic loss? Why was there divergence of treatment for economic loss within and across systems? The courts' reluctance to allow recovery not linked with physical loss or injury for the fear that such admission would open the door to mass litigation, which might very well overwhelm the courts. The mutual concerns of both common and civil law courts to keep liability exposure on check and the use of duty in case of common law and causation for civil law to achieve that. Attention is also given to the uncertainty regarding the prerequisite for compensation of economic loss and the lack of consistent framework in determining recoverability. The study concludes with an opinion on the ongoing debate over the propriety or otherwise of recovery expansion.
Download or read book Principles of European Tort Law written by European Group on Tort Law and published by Springer. This book was released on 2009-09-02 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.
Download or read book Tort Liability of Public Authorities in European Laws written by Giacinto della Cananea and published by Oxford University Press. This book was released on 2020-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series argues that there is a common administrative core to European legal systems that can be better understood in comparative terms. This volume examines government liability in tort, using case studies to explore different government responses. Part I sets the stage for the project and the parameters followed by the scholars involved. Part II expands on the legal systems chosen for comparison, setting up their general tort procedures. Part III presents case studies from Austria, the European Union, France, Germany, Hungary, Italy, Poland, Romania, Spain, Switzerland, and the United Kingdom. Each case study has a theoretical response detailing what would happen should that case occur within each country's borders. Part IV compares and contrasts the information provided in Part III. It examines both the commonalities and the distinctive traits of these legal systems, with a view to understand the nature of their 'common core'. This volume is an essential tool for anyone involved in administrative and constitutional law and government liability in tort.
Download or read book Comparative Studies in the Development of the Law of Torts in Europe General introduction Miquel Martin Casals 2 Technological change and the development of liability for fault in England and Wales Jonathan Morgan 3 Technological change and the development of liability for fault in France Yvonne Salmon 4 Technological change and the development of liability for fault in Germany Jens Scherpe 5 Technological change and the development of liability for fault in Italy Chiara Favilli 6 Technological change and the development of liability for fault in Spain Miquel Mart n Casals and Jordi Ribot Volume 5 The Development of Traffic Liability 1 General introduction Wolfgang Ernst 2 The development of traffic liability in England and Wales Roderick Bagshaw 3 The development of traffic liability in France Anne Gu gan L cuyer 4 The development of traffic liability in Germany Sebastian Lohsse 5 The development of traffic liability in the Netherlands Cees van Dam and Gerrit van Maanen 6 The development of traffic liability in Spain Isabel Gonz lez Pacanowksa 7 The development of traffic liability in Sweden Sandra Friberg and Bill W Dufwa Main code provisions cited Volume 6 The Development and Making of Legal Doctrine 1 The development of legal doctrine in Europe extracontractual liability for fault Nils Jansen 2 The tort of negligence in England David Ibbetson 3 French doctrinal writing Jean Louis Halp rin 4 Developing legal doctrine fault in the German law of delict Nils Jansen 5 Fault in legal doctrine in the Netherlands Antoine Hol 5 Liability for fault in Italian law the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei 7 The development of legal doctrine on fault in Spanish tort law Miquel Mart n Casals and Albert Ruda 8 Scandinavian exceptionalism the development of modern Swedish tort law Kjell Mod er written by Ewoud Hondius and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed
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 with total page 0 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 The Borderlines of Tort Law written by Miquel Martín-Casals and published by Principles of European Tort Law. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.
Download or read book The Impact of Social Security Law on Tort Law written by Ulrich Magnus and published by Springer. This book was released on 2003-05-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study gives valuable insights into the complex interaction between social security law and private tort law. It is based on reports from eleven European countries, namely Austria, Belgium, England, France, Germany, Greece, Italy, the Netherlands, Switzerland, Spain and Sweden. Leading experts from these jurisdictions provide a concentrated overview of the social security systems in their countries and identify the important differences between social security and tort law compensation in the field of personal injuries. The interrelation between both branches of law is reviewed with respect, e.g., to accidents in the occupational sphere, contributory negligence, recourse actions and bulk agreements between public and private insurance schemes. An extensive comparative report highlights the European perspective and the general interplay between social security law and tort law. The legal perspective is supplemented by an economical analysis of both systems.
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 Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Download or read book Prescription in Tort Law written by European Group on Tort Law and published by Principles of European Tort Law. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
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.
