基本説明
This book provides an introduction into English, French, German and European Union tort law, focusing on the differences and commonalities between the tort law systems.
Full Description
This new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union and the highest courts in France, Germany, and England.
The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse.
The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations.
The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees and subsidiaries, as well as in cases of nuisance, environmental liability and liability of public bodies.
Contents
I SYSTEMS OF LIABILITY ; 1. Introduction ; 2. Europe ; 3. France ; 4. Germany ; 5. England ; 6. Ius Commune ; II REQUIREMENTS OF LIABILITY ; 7. Protected Rights and Interests ; 8. Intention and Negligence ; 9. Violation of a Statutory Rule ; 10. Strict Liability ; 11. Causation ; 12. Damage and Damages ; III CATEGORIES OF LIABILITY ; 13. Introduction ; 14. Liability for Movable Objects ; 15. Liability for Immovable Objects ; 16. Liability for Other Persons ; 17. Liability in Emergency Cases ; 18. Liability of Public Authorities
